Please read the following important terms and conditions before you buy anything on our website and check that they contain everything you want and nothing that you are not willing to agree to.

Summary of some of your key rights:

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your goods, in most cases, you can change your mind and get a full refund.

The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality.

This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 0808 223 1133.

The information in this summary box summarises some of your key rights. It is not intended to replace the contract below, which you should read carefully.

This contract sets out:

• your legal rights and responsibilities;

• our legal rights and responsibilities; and

• certain key information required by law.

In this contract:

• ‘we’, ‘us’ or ‘our’ means Pooch and Mutt Limited; and

• ‘you’ or ‘your’ means the person using our site to buy goods from us.

If you have any questions about this contract or any orders you have placed, please contact us by:

• sending an email to [email protected]; or

• filling out and submitting the online contact form available here (www.poochandmutt.co.uk/pages/contact-us);

• contacting us via the live chat function on our website (our live chat function is open Monday to Friday between 10am and 4pm, demand dependent); or

• contacting us on WhatsApp by clicking on the live chat bubble on your mobile (our WhatsApp is monitored Monday to Friday between 10am and 4pm, demand dependent).

Who are we?

We are Pooch and Mutt Limited, a company registered in England and Wales under company number: 06352674.

Our registered office is at: Timsons Business Centre, Bath Road, Kettering, Northants, England, NN16 8NQ Our VAT number is: GB917411634.

The details of this contract will not be filed by us. Please print out or save a copy of this contract for your records as we will not save a copy for you.

1. Introduction

1.1 If you buy products on our website, you agree to be legally bound by this contract.

1.2 These terms and conditions apply only if you are buying products on our website as a consumer (i.e. for purposes outside of your business, craft or profession). If you are buying our products in the course of business, or to resell our products for business purposes, the business terms and conditions of our trade partners (Pedigree, Vital and Bestpets) apply to such purchases, which can be accessed through our trade page (here). To be clear, please be aware that:

1.2.1 the promotional codes we advertise on our website, in our marketing materials or elsewhere, are for use by our consumer customers only;

1.2.2 we are not to be used as a drop shipper for our own products – this means that you cannot get orders from customers on Amazon Marketplace but then submit that order on our website for us to package, supply and deliver our products to your customers;

1.2.3 you must use your own details (i.e. your name and address) when you buy from our website. You must not use someone else’s details. For example, you cannot get orders from customers on Amazon Marketplace and then use the details for those customers to buy their products directly from our website; and

1.2.4 our website must not be used for the purposes of bulk buying our products for you to resell yourself.

1.3 This contract is only available in English. No other languages will apply to this contract.

1.4 When buying any products on our website you also agree to be legally bound by:

1.4.1 our website terms and conditions which apply to how you use our website and any documents referred to in them, a copy of which can be found [here];

1.4.2 our Pooch Rewards terms and conditions and any documents referred to in them, if you are a member of Pooch Rewards, a copy of which can be found [here]; and

1.4.3 our Subscribe and Save terms and conditions and any documents referred to in them, if you use our Subscribe and Save scheme, a copy of which can be found [here].

All of the above documents form part of this contract as though set out in full here.

2. Information we give you

2.1 By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. We have set out this key information in this contract, however if you would like any further information please:

2.1.1 contact us using the contact details at the top of this page; or

2.1.2 contact the Citizens Advice Bureau by visiting their website at www.citizensadvice.org.uk or call 0808 223 1133.

2.2 If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.

3. Your privacy and personal information

3.1 Our privacy policy is available at www.poochandmutt.co.uk/pages/privacy-policy.

3.2 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in accordance with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us if you have a query or complaint about the use of your personal information.

4. Ordering products from us

4.1 Below, we set out how a legally binding contract between you and us is made.

4.2 You place an order on our website by adding products to your basket, going through the online checkout process and clicking the ‘complete order’ button. Please read and check your order carefully before clicking the ‘complete order’ button. You will be able to correct any errors before submitting your order to us when you review your order – this is before you click on the ‘complete order’ button.

4.3 When you place your order at the end of the online checkout process (e.g. when you click on the ‘complete order’ button), we will contact you to acknowledge that we’ve received your order. This acknowledgement does not, however, mean that your order has been accepted by us.

4.4 We may contact you to say that we do not accept your order. This is typically for the following reasons:

4.4.1 the products are unavailable or unexpectedly out of stock;

4.4.2 we cannot authorise your payment;

4.4.3 you are not allowed to buy the products from us (for example, because you are under 16);]

4.4.4 we are not allowed to sell the products to you;

4.4.5 you are located outside of the UK, which is our current delivery area, as stated on our website; or

4.4.6 there has been a mistake on the pricing or description of the products.

When this happens, we will let you know as soon as possible and refund any payments you have made.

4.5 We will only accept your order when we email you to confirm this (Confirmation Email). At this point:

4.5.1 a legally binding contract will be in place between you and us; and

4.5.2 we will dispatch the products to you.

4.6 We will take payment for the products when we accept your order (please see clause 8 below for more information).

4.7 If you are under the age of 16 you may not buy any products from our website.

5. Right to cancel

5.1 You have the right to change your mind about your purchase no later than 14 days after the day we deliver it and receive a refund of what you paid for it, including the delivery costs, without giving us any reason for your cancellation. This is subject to some conditions, as set out below.

5.2 You can’t change your mind about an order for food products (for example dog or cat food and treats) once these have been unsealed after you receive them, products which may deteriorate or expire rapidly e.g. perishable goods, and products which become mixed inseparably with other items after their delivery.

5.3 If you change your mind about a product you must let us know no later than 14 days after the day we deliver it (whether to you or a third party you nominate to accept the delivery). If the product is for regular delivery (e.g. a subscription), you can only change your mind after the first delivery. If your purchase is split into several deliveries over different days, the period runs from the day after the last delivery.

5.4 To let us know you want to change your mind, contact us by using the contact details at the top of this page and let us know your order number and contact details or complete the cancellation form which can be found [where?].

5.5 You can change your mind up to 30 minutes after you’ve placed your order by accessing the order through your customer account.

5.6 You must return the products to us at Pooch & Mutt Ltd, DPD Logistics, Parsonage Street, Oldbury, West Midlands, B69 4PH within 14 days of you telling us you have changed your mind.

5.7 Returns are at your own cost, unless we sent you the wrong products or we made an error with your order, in which case we will provide you with a pre-paid returns label to use. You can send the product back to us using an established delivery service. If you do this, you should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you don’t do this and we don’t receive the products at all or within a reasonable time we won’t be able to give you a refund. For help with returns please see our ‘Delivery and Returns’ webpage (Delivery & Returns) or contact us using the details at the top of this page.

5.8 If you are a Subscribe and Save customer, you can change or cancel your subscription at any time by logging in to your account or by clicking on the link in each Confirmation Email we send you which is about your subscription. You must tell us that you want to amend, stop or cancel your subscription, before midnight of the day before your subscription renews. Your account will tell you when we are due to dispatch your next order, and we will send you a reminder email 3 days before your next subscription order is dispatched.

6. Effects of cancellation

6.1 If you cancel this contract, we will reimburse you for all payments we have received from you relating to the delivery being cancelled, including standard costs of delivery. We will not refund any extra amounts you chose to pay for express delivery or delivery at a particular time.

6.2 We may reduce your refund if you have used or damaged a product. If you handle the product in a way which would not be acceptable, e.g. if you were handling the product in a shop, or other than what is necessary to establish the nature, characteristics and functioning of the products, we may reduce your refund to compensate us for its reduced value. For example, we may reduce your refund if the product’s condition is not “as new”, the product has been used, price tags or the original packaging has been removed, the product-branded packaging is damaged or open, or accessories are missing. In some cases, because of the way you have treated or handled the product, no refund may be due.

6.3 Once we receive the product back from you, we will inspect it and notify you that we have received your returned product. We will send you an email to let you know the status of your refund after inspecting the product.

6.4 We will pay any refund as soon as possible, and not later than:

6.4.1 14 days after the day we received the product back from you or 14 days after the day we received evidence that you’ve sent it back to us, if you’re sending the product back to us; or

6.4.2 14 days after the day on which you tell us you’ve changed your mind, if you tell us you’ve changed your mind about a product that hasn’t been dispatched yet.

6.5 We will refund you using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. We will not charge you a fee for issuing the refund.

6.6 We may withhold any refund until we have received the returned products back from you or you have supplied evidence of having sent back the products, whichever is the earliest.

7. Delivery

7.1 We use DPD to deliver our products. For information on delivery options and costs, visit our ‘Delivery and Returns’ webpage here (Delivery & Returns). During the online checkout process, you will be given available delivery options to choose from.

7.2 The estimated date for delivery of the products is set out in the Confirmation Email (see clause 4.5).

7.3 If something happens which is outside of our control and affects the estimated date of delivery, we will provide you with a revised estimated date for delivery.

7.4 Delivery will take place at the address specified by you when you placed your order with us.

7.5 Unless agreed otherwise by us and you, if we cannot deliver your products within 30 days of the date of your Confirmation Email, we will:

7.5.1 let you know;

7.5.2 cancel your order; and

7.5.3 give you a refund.

7.6 If nobody is available to take delivery, please contact us using the contact details at the top of this page.

7.7 You are responsible for the products once they have been delivered to the address specified by you when you placed your order with us. In other words, the risk in the products passes to you when you take, or a third party nominated by you takes, possession of the products.

7.8 We do not make deliveries to any addresses outside of the UK or Germany.

7.9 We may deliver your products in instalments, if a product is unexpectedly out of stock. If this is the case, we will notify you by email with an expected delivery date for any remaining products.

7.10 If you are a Subscribe and Save customer, you will receive repeat deliveries when you purchase a subscription. The number of deliveries will depend on the duration and frequency of your subscription that you choose. The estimated delivery date of each order will be confirmed in the Confirmation Email we send you after each renewal. If you want to delay or cancel an order, you can do this by logging into your account or by clicking the link in your Confirmation Email which confirms your subscription.

8. Payment

8.1 We accept the following credit cards and debit cards: Visa, Mastercard, American Express, Discover, Diners Club, Maestro, Union Pay, Apple Pay, Google Pay and PayPal. We do not accept cash or cheques.

8.2 We will do all that we reasonably can to ensure that all of the information you give us when paying for the products is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy (see clause 3) or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.

8.3 Your credit card or debit card will only be charged when your order is accepted.

8.4 All payments by credit card or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps via:

8.4.1 Visa Secure (previously Verified by Visa): https://bd.visa.com/pay-with-visa/featured-technologies/visa-secure.html;

8.4.2 Mastercard®SecureCodeTM: https://mea.mastercard.com/en-region-mea/personal/safety-and-security/securecode.html;

8.4.3 American Express SafeKey: www.americanexpress.com/uk/security/safekey/.

8.5 If your payment is not received by us and you have already received the products, you must:

8.5.1 pay for such products as soon as possible and in any case within 14 days; or

8.5.2 return them to us as soon as possible and in any case within 14 days of delivery. If you are returning the products to us, you must keep the products in your possession, take reasonable care of them and not use them before you return them to us.

8.6 If you do not pay for the products and fail to return them in accordance with clause 8.5, we may collect the products from you at your expense. We will try to contact you to let you know if we intend to do this.

8.7 Nothing in this clause affects your legal rights to cancel the contract during the cancellation period as set out in clauses 5 and 6.

8.8 All prices for our products are listed on our website. Prices are in pounds sterling (£) (GBP) and include VAT at the applicable rate, but exclude delivery charges. For more information on delivery options and costs, visit our ‘Delivery and Returns’ webpage (Delivery & Returns).

8.9 If you are a Subscribe and Save customer, we will take payment each time your subscription renews (based on the duration and frequency of your subscription that you choose). The price of your subscription will be confirmed in the Confirmation Email we send you after each renewal.

8.10 If you are a member of Pooch Rewards, we may award you points for every full £1 you spend on our website. To see whether the products you are buying qualify under the reward programme, please visit our Pooch Rewards page on our website (Rewards) before you place your order as we cannot award points later. You will also need to log in to your account before you place your order so that we can award you your points.

9. Nature of the products

9.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’). The products that we provide to you must be as described, fit for purpose and of satisfactory quality.

9.2 We are under a legal duty to supply you with products that are in conformity with this contract.

9.3 The packaging of the products may be different from that shown on the website.

9.4 While we try to make sure that:

9.4.1 all weights, sizes and measurements set out on the website are as accurate as possible, there may be a small tolerance of up to [insert figure] % in such weights, sizes and measurements in our products; and

9.4.2 the colours of our products are displayed accurately on our website, the actual colours that you see on your device or in our marketing or on its packaging may be slightly different.

9.5 Any products sold at discount prices, will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.

10. Faulty products

10.1 If you think there is something wrong with your product, you must contact us using the contact details set out at the top of the page. We honour our legal duty to provide you with products that are as described to you on our website and that meet all the requirements imposed by law.

10.2 Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) are set out at the top of this page. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please:

10.2.1 contact us using the contact details at the top of this page; or

10.2.2 visit the Citizens Advice website www.citizensadvice.org.uk or call 0808 223 1133.

10.3 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.

11. Changes to products

11.1 We can always change a product:

11.1.1 to reflect changes in relevant laws and regulatory requirements; or

11.1.2 to make minor adjustments and improvements to our products. These are changes that don’t affect your use of the product.

11.2 We may stop providing any products at any time. If, for example, you are one of our Subscribe and Save customers, we will let you know as soon as possible after we have been made aware by our suppliers that such product(s) can no longer be provided, and we will refund any payments you’ve made in advance for products which won’t be provided.

12. Changes to our terms

We may make changes to these terms at any time. However, the terms which apply to your order will be those in force at the time you submitted your order to us.

13. End of the contract

If this contract is ended, it will not affect our right to receive any money which you owe to us under this contract.

14. Limitation on our liability

14.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:

14.1.1 losses that were not foreseeable to you and us when the contract was formed;

14.1.2 losses that were not caused by any breach on our part;

14.1.3 business losses; or

14.1.4 losses to non-consumers.

15. Transfer of contract

15.1 We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We’ll tell you in writing if this happens and we’ll ensure that the transfer won’t affect your rights under the contract.

15.2 You can only transfer your contract with us to someone else if we agree to this.

16. Third party rights

No one else has any rights under this contract. This contract is between you and us. No one else can enforce it and neither of us will need to ask any one else to sign-off on ending or changing it.

17. Severance

If a court or other authority decides that some of these terms are unlawful, the rest of the contract will still apply.

18. Disputes

18.1 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the products you ordered, our service to you or any other matter, please contact us as soon as possible using the contact details set out at the top of this page.

18.2 The laws of England and Wales apply to this contract, although if you live elsewhere you will retain the benefit of any mandatory protections given to you by the laws of the country where you live.

18.3 Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.

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