New Terms and Conditions - Home Pet Essentials

1. THESE TERMS

1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods or digital content.

1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:

You are an individual.
You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

1.4 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 Who we are. We are Home Pet Essentials Ltd, a company registered in England and Wales. Our company registration number is 12191830 and our registered office is at 22 Antringham Gardens, Edgbaston, United Kingdom, B15 3QL.

2.2 How to contact us. You can contact us by telephoning our customer service team at 0121 550 4909 or by writing to us at support@ukcutter.co.uk or Home Pet Essentials Ltd, Woodpecker Premises, Belfont Trading Estate, Mucklow Hill, Halesowen, B62 8DR.

2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order. (or by our contact us form / live chat platform)

2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

3. INFORMATION ABOUT US AND HOW TO CONTACT US

3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product (or if you have already paid for the products, we will refund you the full amount including any delivery costs charged as soon as possible and within 14 days of us receiving your payment). This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

4. OUR PRODUCTS

4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our website have a 5% to 10% tolerance.

4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

4.3 Making sure your measurements are accurate. If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure on our website or by contacting us.

5. OUR PRODUCTS

If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

6. OUR RIGHTS TO MAKE CHANGES

6.1 Minor changes to the products. We may change the product:

(a) to reflect changes in relevant laws and regulatory requirements; and

(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.

6.2 More significant changes to the products and these terms. In addition, we may make the following changes to the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received:

(a) significant design changes which impact your use of the product;

(b) changes in the brand of products;

(d) changes in the quantity of products; or

(e) changes in the colour of products.

6.3 Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.

7. PROVIDING THE PRODUCTS

7.1 Delivery costs. The costs of delivery will be as displayed to you on our website.

7.2 When we will provide the products. During the order process we will let you know when we will provide the products to you. If the products are ongoing subscriptions, we will also tell you during the order process when and how you can end the contract.

(a) If the products are goods. If the products are goods, during the order process we will let you know when we will provide the goods to you. If your payment is received by us:

(i) By 13:00 UK time, we will dispatch your goods on the same day;

(ii) Between 13:00 to 15:00 UK time, we will aim to dispatch your goods on the same day but this may not be possible. In the event that we cannot dispatch your goods on the same day, we will dispatch your goods on the next working day; or

(iii)After 15:00 UK time, we will dispatch your goods on the next working day.

More information regarding delivery times can be found here.

7.3 Delivery timescales. A next working day delivery service is available for most goods orders to UK mainland addresses. Where a next working day delivery service is not available, we will deliver the goods to you as soon as reasonably possible. However, your delivery may be delayed due to events beyond our control, including but not limited to holiday periods, courier availability and Government restrictions. For further information, see clause 7.

7.4 Delivery restrictions. Deliveries to remote areas such as Northern Ireland, the Scottish highlands and offshore locations will attract a premium shipping rate. We will advise you of the shipping rate before we dispatch your order. Your delivery timescale may also be increased by 1 to 2 working days for remote locations. Our larger products (including but not limited to printers and large format press, laminators and large cutter plotters) may exceed the standard size / weight limit for our courier and a surcharge will be added to the delivery costs. We will advise you of the surcharge before we dispatch your order.

7.5 International delivery. We deliver to the countries listed on our Delivery Information page (International Delivery Destinations). However, there are restrictions on some products for certain International Delivery Destinations, so please review the information on that page carefully before ordering. If you order products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order. You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable or responsible if you break any such law.

7.6 Tracking information. We can provide you with tracking information for your order, on request. If you would like to request tracking information, please telephone our customer service team at 0121 550 4909 or by write to us at support@ukcutter.co.uk.

7.7 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

7.8 Collection by you. If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours of 10:00 to 16:00 on Tuesdays to Fridays (inclusive) (excluding public holidays).

7.9 If you are not at the delivery location when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through a letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

7.10 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 2 will apply.

7.11 When you become responsible for the goods. The goods will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us.

7.12 When you own goods. You own the goods once we have received payment in full.

7.13 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, measurements, quantity information or delivery and billing address. If so, this will be requested at the time you place your order. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

7.14 Reasons we may suspend the supply of products to you. All orders placed via the website are subject to availability of stock. Whilst we take all reasonable care to ensure that the website is up to date with stock levels, occasionally some items may not be available. In the unlikely event that you place an order for an out of stock item, we will contact you to inform you. You can choose to either wait for the item to return to stock or to be refunded in full. A refund will be processed as soon as possible and no later than 14 days after the date on which we contact you.

7.15 We may also have to suspend the supply of a product to:

(i) deal with technical problems or make minor technical changes;

(ii) update the product to reflect changes in relevant laws and regulatory requirements;

(iii) make changes to the product as requested by you or notified by us to you (see clause 6).

7.16 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 90 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.

7.17 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 4), we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 14.8). As well as suspending the products we can also charge you interest on your overdue payments (see clause 14.7) or may cancel your order if the payment is not received within 14 days of the due date.

8. PROVIDING THE PRODUCTS

8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:

(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 12 if you are a consumer and clause 13 if you are a business;

(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 2;

(c) If you are a consumer and have just changed your mind about the product, see clause 3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;

(d) In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 7.

8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 2);

(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 90 days; or

(e) you have a legal right to end the contract because of something we have done wrong.

8.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

8.4 Our goodwill guarantee for consumers. These terms are more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed products (see clause 1):

Right under the Consumer Contracts Regulations 2013 – 14 day period to change your mind
How our goodwill guarantee is more genearous – 30 day period to change your mind.

8.5 When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:

(a) products made to your specifications or which are clearly personalised;

(b) products which are liable to deteriorate or expire rapidly;

(d) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;

(e) sealed computer software, once these products are unsealed after you receive them; any products which become mixed inseparably with other items after their delivery.

8.6 How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.

(a) Have you bought digital content for download or streaming (for example, a software subscription)? if so, you have 30 days after the day we email you to confirm we accept your order, or, if earlier, until you activate the product. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.

(b) Have you bought goods (excluding printers)?, if so you have 30 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 30 days after the day you (or someone you nominate) receives the last delivery.

(c) Have you bought a printer?, if so you have 30 days after the day you (or someone you nominate) receives the printer to change your mind unless, during this period, you have installed, filled and ran inks through the printer system. In this case, you do not have a right to change your mind under clause 5(f) and will not be entitled to a refund unless the printer is faulty or misdescribed (see clause 12 if you are a consumer and clause 13 if you are a business).

8.7 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods or digital content is completed when the product is delivered, downloaded or streamed and paid for. (or activated)

8.8 If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract. In the event that you end the contract before your goods have been dispatched, a full refund will be issued. If you end the contract after your goods have been dispatched, then we will deduct the shipping fee only from your refund.

9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU ARE A CONSUMER WHO HAS CHANGED THEIR MIND)

9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

(a) Phone or email. Call customer services on 0121 550 4909 or email us at support@ukcutter.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.

(b) By post. Print off the Cancellation Form and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.

9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at Home Pet Essentials Ltd, Woodpecker Premises, Belfont Trading Estate, Mucklow Hill, Halesowen, B62 8DR or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 0121 550 4909 or email us at support@ukcutter.co.uk for a return label or to arrange collection. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.

9.3 Packaging returns. All returned goods must be unused, in their original packaging, and securely packaged. We will not be held responsible for any damage caused by you failing to securely package your returns.

9.4 When we will pay the costs of return. We will pay the costs of return:

(a) if the products are faulty or misdescribed; or

(b) if you are ending the contract because we have told you of an upcoming change to the product, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.

9.5 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.

9.6 How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

9.7 When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:

(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. See our Returns page for information about what handling is acceptable and examples. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

9.8 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:

(a) If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 2.

(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

10. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU ARE A CONSUMER WHO HAS CHANGED THEIR MIND)

10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;

(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, measurements, quantity information or delivery and billing address; or

10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

10.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will refund any sums you have paid in advance for products which will not be provided.

11. IF THERE IS A PROBLEM WITH THE PRODUCT

How to tell us about problems. We always endeavour to ensure our customer service is the best it can be to make your purchasing experience seamless. However, we understand that there may be occasions where you do not enjoy your experience and wish to make a complaint. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 0121 550 4909 or by writing to us at support@ukcutter.co.uk or Home Pet Essentials Ltd, Woodpecker Premises, Belfont Trading Estate, Mucklow Hill, Halesowen, B62 8DR.

12. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A CONSUMER

12.1 If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

If your product is goods, for example a printer, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.

b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.

c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

See also clause 8.3.

12.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 0121 550 4909 or email us at support@ukcutter.co.uk for a return label or to arrange collection. All defective goods returned must where possible be returned in their original packaging.

12.3 Damaged or Dead-on-Arrival products. Whilst we take all reasonable care to ensure that our machines are tested and are in satisfactory working order before being packaged and dispatched to you, unfortunately there may be occasions where a machine arrives damages or ‘Dead-on-Arrival’ due to issues in transit such as shaking or vibrations. If you find that your product is damaged or Dead-on-Arrival, please notify us as soon as possible.

13. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A CONSUMER

13.1 If you are a business customer we warrant that on delivery, and for a period of 12 months from the date of delivery (warranty period), any products which are goods (excluding those listed in clause 2) shall:

(a) conform in all material respects with their description and any relevant specification;

(b) be free from material defects in design, material and workmanship; and

For the avoidance of doubt, if you are a business customer and purchased your products before 10 June 2019, the warranty period stated to you at the time of your purchase will apply.

13.2 The following goods are excluded from the warranty period. For these goods, the warranty in clause 1 will only be applicable on delivery and no longer, unless otherwise stated:

(a) consumable goods, including but not limited to vinyl material, sublimation mugs, ink cartridges, printer inks, blade holders, blades, transfer paper, mug press attachments, mug elements, mug mats, mug blankets, banners and print media;

(b) repaired products, ex-demonstration products or refurbished models and those products listed as ‘A’ or ‘B’ grade models and/or second-hand products on the description of the product on our website; and

13.3 Subject to clause 4, if:

(a) you give us notice in writing during the warranty period within a reasonable time of discovery that a product does not comply with the warranty set out in clause 1;

(b) we are given a reasonable opportunity of examining such product; and

we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full. Where a repair or replacement has been made on the same product on three occasions during the warranty period and that product remains faulty, we will refund the price of the defective product in full and our obligations under the warranty will cease.

13.4 We will not be liable for a product’s failure to comply with the warranty in clause 1 if:

(a) you make any further use of such product after giving a notice in accordance with clause 3(a);

(b) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;

(d) the defect arises as a result of us following any drawing, design or specification supplied by the Customer;

(e) the defect arises because you used the product with improper and/or non-compatible accessories (such as inks and materials);

(f) you alter or repair the product without our written consent;

(g) you alter or repair the product with non-conforming parts; or

(h) the defect arises as a result of fair wear and tear, willful damage, negligence, or abnormal working conditions.

13.5 Except as provided in this clause 13, we shall have no liability to you in respect of a product’s failure to comply with the warranty set out in clause 1.

13.6 These terms shall apply to any repaired or replacement products supplied by us under clause 13.2.

14. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A CONSUMER

14.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 3 for what happens if we discover an error in the price of the product you order.

14.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

14.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

14.4 When you must pay and how you must pay. We accept payment using the following methods:

(a) credit and/or debit card;

(b) cheques drawn / issued from UK accounts only; and

Pay in 3
Pay Later.

Further information on Klarna including Klarna’s user terms can be found here. General information on Klarna can be found here.

14.5 When you must pay depends on what product you are buying:

(a) For goods, you must pay for the products before we dispatch them.

(b) For digital content, you must pay for the products before you activate them.

14.6 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

14.7 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

14.8 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

14.2 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

15. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A CONSUMER

15.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

15.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 1; and for defective products under the Consumer Protection Act 1987.

15.3 When we are liable for damage caused by defective digital content. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

15.4 We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 16.

16. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS

16.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms,

16.2 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms,

16.3 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms,

17. HOW WE MAY USE YOUR PERSONAL INFORMATION

17.1 How we will use your personal information. We will only use your personal information as set out in our Privacy Policy.

18. OTHER IMPORTANT TERMS

18.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

18.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, if you are a consumer you may transfer our guarantee at clause 4 to a person who has acquired the product. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.

18.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

18.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

18.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

18.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

18.7 Alternative dispute resolution if you are a consumer. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are a consumer and are not happy with how we have handled any complaint, you may want to contact an alternative dispute resolution provider. We suggest Consumer Arbitration (https://consumerarbitration.co.uk). Consumer Arbitration will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.

18.8 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

Schedule 1 – Model Cancellation Form for consumer customers

(Complete and return this form only if you wish to withdraw from the contract)

To: Home Pet Essentials Ltd

Woodpecker Premises

Belfont Trading Estate

Mucklow Hill

Halesowen

B62 8DR

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