RSPCA Halifax, Huddersfield & Bradford Veterinary Online Store - Terms And Conditions
Terms And Conditions
Terms and Conditions
Please read all these terms and conditions relating to this website. If you make a purchase from us, you will be deemed to have accepted all these terms and conditions. If you regularly use this website then please review our terms and conditions because we may revise them from time to time without notice. Our site is based in Halifax and Huddersfield and is only intended for use by people resident in the UK and we will not accept orders from outside the UK.
1.1"Seller", "We", "Us" or "Our" refers to the RSPCA Halifax, Huddersfield & District Branch, Wade St, Halifax
1.2 "Buyer", "You" or "Your" refers to the individual or organisation who purchases or agrees to purchase items from the Seller
1.3 "Goods" means the articles that You agree to buy from Us
1.4"Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions
1.5 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977
1.6"Terms and Conditions" means the terms and conditions of sale set out here below and includes any special terms and conditions agreed in writing by the Seller
1.7"Website" means www.rspca-halifaxandhuddersfield.org.uk
1.8 "Normal business hours" means the hours between 08:30 and 16:30 on Monday to Friday excluding Bank Holidays.
2.1Nothing in these Terms and Conditions shall affect Your statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the purchase of Goods from Us by You and shall prevail over any other documentation or communication from You. Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless specifically agreed in writing by the Seller.
2.3Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.
2.4 Any complaints should be addressed to the Animal Centre Manager.
2.5 By placing an order through Our Website, You warrant that You are legally capable of entering into a binding contract and that You are at least 18 years old.
3.1All orders for Goods shall be deemed to be an offer by You to purchase Goods pursuant to these Terms and Conditions. We may choose not to accept an order for any reason.
3.2Where Goods ordered by You are not available from stock We will notify You and offer You the option to either wait until the Goods are available from stock or to cancel the order and receive a full refund within 30 days.
3.3When making an order through the Website, the technical steps You need to take to complete the order process are described in the section titled "How to use this site".
4 PRICE AND PAYMENT
4.1The price of the Goods shall be that shown on the Website at the time You place the order. Note that delivery costs may be additional - please see the section titled "Delivery Information". The Buyer shall pay the price inclusive of VAT at the rate prevailing at the time of placing the order. Payment of the price including VAT and delivery charges must be made in full before We will dispatch the Goods. Failure to make full payment or failure for funds to clear may result in Us cancelling the order.
4.2The total purchase price, including VAT and any delivery charges will be displayed in Your shopping cart prior to You confirming the order.
4.3After Your order has been received We will confirm by email the details, description and price for the Goods together with information about Your rights to cancel if You are a Consumer.
5 RIGHTS OF SELLER
5.1We reserve the right to periodically update the prices shown on the Website - prices cannot be guaranteed for any period of time. We will make every effort to ensure prices are correct at the point at which You place an order.
5.2We reserve the right to withdraw any goods from the Website at any time without notice or reason.
5.3We will not be liable to anyone or incur any liability whatsoever for withdrawing any Goods from the Website or for refusing to accept or process an order.
6 AGE OF CONSENT
6.1Where Goods can only be purchased by persons of a certain age You will be asked when You place Your order to confirm You are of the appropriate legal age to purchase the Goods.
6.2If We discover that You are not legally entitled to order certain Goods, We will be entitled to cancel the order immediately without notice or further reason.
7.1 We warrant that the Goods will at the time of dispatch correspond to the description given by Us. Except where You are dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and You must satisfy Yourself as to the suitability of the Goods for Your purpose.
8.1Delivery times may vary depending on the product and type of delivery service selected.
8.2Orders received during normal business hours will be deemed to have been received on that business day. Orders received outside normal business hours will be deemed to have been received at the start of business hours on the next normal business day.
8.3 Non Prescription Medicines and Products
8.3.1When You place an order for a non prescription medicine or product We will use Our best reasonable endeavours to deliver the Goods to You within 7 working days of receiving the order but in any event within 30 days from the day the order was received with Us.
8.3.2 Where We cannot deliver any item to You within 30 days from the day You place the order with Us, We will notify You by email and give You the opportunity to agree a new delivery date or to receive a full refund.
8.4We will use Our best reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and We will not be liable for any losses, costs, damages or expenses incurred by You or by any third party arising directly or indirectly out of any failure by Us to meet any estimated delivery date.
8.5The Goods will be delivered to the address You specify in the order and You will make all necessary arrangements to accept delivery of the Goods when they are delivered.
8.6If for any reason You do not accept delivery of the Goods or We are unable to deliver the Goods on time because You have not provided appropriate instructions We will store the Goods until delivery is possible, at which time You will be liable for all additional reasonable costs and expenses.
8.7If You do not accept delivery of the Goods because the Contract has been cancelled in accordance with clause 9.2, You will receive a refund or re-credit for any sum that You have paid for the Goods less delivery costs within 30 days of the date of cancellation.
8.8The title and risk in the Goods will pass to You immediately upon delivery of the Goods.
9 CANCELLATION AND RETURN
9.1You will inspect the Goods immediately upon receipt and if the Goods are damaged or do not comply with any of the Contract You will notify Us within 14 days of delivery by emailing email@example.com The Contract may not be cancelled by a telephone call. If You fail to do so You will be deemed to have accepted the Goods.
9.2If You are a Consumer You have the right, in addition to your other rights, to cancel the Contract within 7 working days of receiving the Goods by emailing firstname.lastname@example.org. You may not cancel the order if the Goods were made to Your specification or were personalised or if the Goods are liable to deteriorate or expire rapidly.
9.3 Goods must be returned by You at Your expense and should be adequately insured during the return journey. You will receive a refund of all monies paid for the Goods excluding delivery charges, return postal charges and any other reasonable administration fees within 30 days of cancellation. If You fail to return the Goods following cancellation, We will be entitled to deduct the cost of recovering the Goods from You.
9.5Returned Goods must clearly show Our order number on the package and should be returned to Our business address. Goods should be securely packed preferably in the original packaging or in similar packaging suitable to the product.
9.6Where returned Goods are found to be damaged due to Your fault or negligence You will be liable for the cost of remedying such damage. We reserve the right to refuse the return of any Goods which have been used or which cannot be resold or have been handled or stored inappropriately.
10 VETERINARY MEDICINAL PRODUCTS
POM-V Prescription Only Medicine - Veterinarian
POM-VPS Prescription Only Medicine - Veterinarian, Pharmacist, Suitably Qualified Person
NFA-VPS Non-Food Producing Animal - Veterinarian, Pharmacist, Suitably Qualified Person
AVM-GSL Authorised Veterinary Medicine - General Sales List
10.1We will endeavour to ensure that the supply of Goods through this Website, or via faxed or telephoned orders, complies with all the current regulations as set out in the current Veterinary Medicines Regulations. These regulations are amended periodically by the Veterinary Medicines Directorate (see www.vmd.defra.gov.uk).
10.2In supplying veterinary medicinal products to You, We will not assume any responsibility for the care of any patient detailed in any written prescription from a third party Veterinary Surgeon. The patient(s) so detailed remain under the care of the prescribing Veterinary Surgeon.
10.3Because We are supplying Veterinary Medicinal Products, We must be satisfied of the appropriateness of the prescribed medicine and We will ask You to supply certain information at registration and/or checkout so the We can fulfil this requirement. In addition to Your own details, We will require details of the patient in question. Without limitation we will require the patient's species, breed, date of birth or age at registration, body weight (if known), details of concurrent medication, known details of any previous adverse reactions and any other relevant medical history. It is very important that You supply Us with accurate information since We will rely on it, in good faith, in order to understand the patient's requirements and to determine that the Goods prescribed or dispensed are appropriate. In addition We will rely on Your information in order to provide appropriate advice on the use of any medicines or Goods. Any false or inaccurate information that You provide could result in an inappropriate medicine being prescribed or dispensed for the patient's condition. You undertake to provide genuine and accurate information to Us and You must acknowledge that We will accept no liability or responsibility for any loss, damage or expense incurred by You or a third party as a result of Our reliance on inaccurate or false information supplied either by You or on Your behalf.
10.4If We believe that any of the information supplied is false or inaccurate then We reserve the right to verify such information and reserve the right to contact either You or Your Veterinary Surgeon in order to do so.
10.5Prior to supply and use of any Goods from Us, it is very important that You are completely satisfied that:
the supplied Goods are appropriate for the intended use;
You know how to use and administer the Goods correctly and safely at the appropriate dose rate;
You know how to handle, store, and dispose of the Goods.
10.6To ensure that You are satisfied regarding the safe and appropriate use of veterinary medicinal products We request You to:
visit our Animal Centre for general advice on drug administration, and information about commonly used medicines and their side effects;
read the data sheet information supplied by the manufacturer for the veterinary medicinal products that You intend to purchase prior to purchase. These data sheets are available to read at the website for the National Office of Animal Health (NOAH) www.noah.co.uk.
10.7By confirming that You have read and understood our terms and conditions You confirm that You are satisfied that You have sufficient understanding and knowledge regarding the appropriate and safe use of any veterinary medicinal products supplied by Us. In addition You confirm that You are aware that all the necessary information regarding the matters set out in clause 10.5 is available at the Animal Centre or in the data sheets found at www.noah.co.uk.
10.8We will endeavour to ensure that all veterinary medicinal products supplied by Us are accompanied by a manufacturers data sheet. We cannot guarantee that a data sheet will always be available.
10.9 Any POM-VPS (Prescription Only Medicine - Veterinarian, Pharmacist, Suitably Qualified Person) or NFA-VPS (Non-Food Producing Animal - Veterinarian, Pharmacist, Suitably Qualified Person) products purchased from Us are strictly for use on your own animals. Their use should be strictly in accordance with instructions provided either on the enclosed data sheet or attached label. These products are not for resale.
10.10If, prior to purchase of any goods from Us through our Website, You require any additional information or advice regarding those Goods or You still have any queries or You require any additional advice regarding the supply or use of veterinary medicinal products, then We recommend that You contact Us at email@example.com. You will receive a response from one of our Suitably Qualified Persons (SQP)
11 LIMITATION OF LIABILITY
11.1In the event of any breach of these Terms and Conditions by Us then, except as may be implied by law where You are dealing as a Consumer, the remedies available to You shall be limited to damages which shall in no event exceed the price of the Goods and We will under no circumstances accept liability for any indirect, incidental or consequential loss or damage whatsoever.
11.2Nothing in these Terms and Conditions shall exclude or limit Our liability for death or personal injury resulting from Our negligence or negligence by one of Our agents or employees.
11.3. You hereby acknowledge that You are solely responsible for ensuring that You are satisfied regarding all matters set out in clause 10.5 prior to purchasing veterinary medicinal products as We will not routinely carry out any investigation, and will accept no responsibility to do so, regarding the suitability of any veterinary medicinal products purchased pursuant to clause 10.8
12.1 No waiver by Us in enforcing any of Our rights under these Terms and Conditions whether expressed or implied shall prejudice Our right to do so in the future.
13 FORCE MAJEURE
13.1 We will not be liable for any delay or failure to perform any of Our obligations if the delay or failure results from events or circumstances outside Our reasonable control including, but not limited, to acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and in any such event We will be entitled to a reasonable extension of Our obligations.
14.1 If any term or provision of these Terms and Conditions is held to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such term or provision shall be deleted and the remaining terms and provisions contained herein shall continue in full force and effect.
15 CHANGES TO TERMS AND CONDITIONS
15.1 We retain the right to alter these Terms and Conditions at any time but this right will not affect the Terms and Conditions in force at the time You make a purchase.
16 WEBSITE ACCESS
16.1This Website will normally be available 24 hours a day although We will not be liable if it is unavailable at any time for any reason. We may temporarily suspend access without warning for maintenance, or in the event of computer failure or for reasons beyond our control.
17.1 If You have any queries or complaints regarding the Contract with Us, then You may contact Us by telephoning 01422 365628 during normal business hours, by emailing firstname.lastname@example.org or by writing to RSPCA Animal Centre, Wade St, Halifax, West Yorkshire, HX1 1SN.
18 GOVERNING LAW AND JURISDICTION
18.1 These Terms and Conditions shall be governed by and interpreted in accordance with the law of England and the parties hereby involved submit to the exclusive jurisdiction of the English courts.