Leander International Pet Foods Limited - website terms and conditions
1. these terms
1.1 What these terms cover. These are the terms and conditions on which we supply products to you.
1.2 Who these terms apply to. These terms apply to consumers who enter into contracts with us through our website www.ardengrange.com. A consumer is someone who purchases goods for purposes which are wholly or mainly outside their trade, business, craft or profession. If you are a consumer who wishes to enter into a contract with us via telephone, fax, email, post or our team of area sales managers, these terms will not apply to you; please instead see our General Terms and Conditions for Consumers. If you are a business customer, these terms will not apply to you; please instead see our Terms and Conditions for Businesses. A business customer is a person, company or firm who purchases goods for the purposes of their business or trade. If you are a business customer you can place an order with us via telephone, fax, email or our team of area sales managers. Please call our customer service team on 01273 894617 if you require more information.
1.3 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 or require any changes, please contact us to discuss. Please note that before placing an order you will be asked to agree to these terms. If you refuse to accept these terms, you will not be able to order any products from our site.
1.4 We may amend these terms. We may amend these terms from time to time. Every time you wish to order from us, please check these terms to ensure you understand the terms which will apply at that time.
2.1 Who we are. We are Leander International Pet Foods Limited a company registered in England and Wales and trading as “Arden Grange”. Our company registration number is 03189092 and our registered office is at Arden Grange, London Road, Albourne, Hassocks, West Sussex BN6 9BJ. Our registered VAT number is GB 587 4230 19. We operate the website www.ardengrange.com.
2.2 How to contact us. You can contact us by telephoning our customer service team on 01273 894617, by writing to us at Leander International Pet Foods Limited, Arden Grange, London Road, Albourne, West Sussex BN6 9BJ, email: firstname.lastname@example.org. (wait queue music by musicfox)
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.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3.1 How to place an order. Our website shopping pages will guide you through the steps you need to select the products you wish to order, then place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process. After you place an order, you will receive an email from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted.
3.2 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.
3.3 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. 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.
3.4 We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not deliver to addresses outside the UK, the Scottish Highlands, Scilly Isles, Isle of Man and Chanel Islands and you agree that any contract made between you and us shall be governed by English law.
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.
4.2 Product packaging may vary. The packaging of the product may vary from that shown on images on our website.
4.3 Minor changes to the products. We may change the product:
4.3.1. to reflect changes in relevant laws and regulatory requirements; and
4.3.2. to implement minor technical adjustments and improvements. These changes will not affect your use of the product.
4.4 More significant changes to the products. In addition, we may make more significant changes to the product, but if we do so we will notify you and you may then contact us to end the contract and receive a full refund before the changes take effect.
5.1 Your use of our site is governed by our Terms of Website Use which can be found at http://www.ardengrange.com/pet-food-terms-conditions.asp. Please take the time to read these, as they include important terms which apply to you.
6.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
6.2 When we will provide the products. During the order process we will let you know when we will provide the goods to you. We will contact you with an estimated delivery date, which will be within 2-4 days after the day on which we accept your order.
6.3 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.
6.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery and you have not provided us with any delivery instructions, our courier will leave you a note informing you of how to rearrange delivery.
6.5 If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery 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 we may end the contract and clause 9.2 will apply.
6.6 Your legal rights if we deliver late. You have legal rights if we deliver any products late. If we miss the delivery deadline for any products then you may treat the contract as at an end straight away if any of the following apply:
6.6.1. we have refused to deliver the products;
6.6.2. delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
6.6.3. you told us before we accepted your order that delivery within the delivery deadline was essential.
6.7 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 6.6, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
6.8 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 6.6 or clause 6.7, you can cancel your order for any of the products or reject products that have been delivered. If you wish, you can reject or cancel the order for some of those products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled products and their delivery. If the products have been delivered to you, you must return them to us or allow us to collect them, and we will pay the cost of this. Please call customer services on 01273 894617 or email us at email@example.com for a return label or to arrange collection.
6.9 When you become responsible for the product. The product will be your responsibility from the time we deliver the product to the address you gave us in your order.
6.10 When you own the product. You own a product once we have received payment in full, including all applicable delivery charges.
6.11 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
6.11.1. deal with technical problems or make minor technical changes;
6.11.2. update the product to reflect changes in relevant laws and regulatory requirements;
6.11.3. make changes to the product as notified by us to you (see clause 4.4).
6.12 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. If we have to suspend the product we will adjust the price so that you do not pay for products while they are suspended. 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 14 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.
7.1 You can always end your contract with us. Your rights when you end the contract will depend on whether there is anything wrong with the product, how we are performing and when you decide to end the contract:
7.1.1. 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 10;
7.1.2. If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;
7.1.3. If you have just changed your mind about the product, see clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions.
7.2 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 clauses 7.2.1 to 7.2.3 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:
7.2.1. 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;
7.2.2. there is a risk that supply of the products may be significantly delayed because of events outside our control;
7.2.3. you have a legal right to end the contract because of something we have done wrong (including because we have delivered late) (see clause 6.6).
7.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). 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.
7.4 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered. If you have bought goods, you have 14 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 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
7.5 Ending the contract where we are not at fault and there is no right to change your mind. If you do not have any other rights to end the contract (see clause 7.1), you can still contact us before it is completed and tell us you want to end it. If you do this 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.
8.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
8.1.1. Phone or email. Call customer services on 01273 894617 or email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
8.1.2. By post. Simply write to us at our head office address asking for your contract to be terminated.
8.2 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. Please call customer services on 01273 894617 or email us at email@example.com for a return label or to arrange collection. If you are 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.
8.3 When we will pay the costs of return. We will pay the costs of return:
8.3.1. if the products are faulty or misdescribed;
8.3.2. if you are ending the contract because we have told you of an upcoming change to the product or these terms, 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; or
8.3.3. if you are exercising your right to change your mind. In all other circumstances you must pay the costs of return.
8.4 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.
8.5 How we will refund you. 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.
8.6 Deductions from refunds. If you are exercising your right to change your mind:
8.6.1. 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. 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.
8.6.2. 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 3-7 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.
8.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
8.7.1. 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.
8.7.2. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
9.1 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:
9.1.1. 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; or
9.1.2. you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 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 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them or allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 01273 833390 or email us at firstname.lastname@example.org for a return label or to arrange collection.
11.1 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 place your order. We use our best efforts to ensure that the price of product advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the product you order. The price of the product does not include delivery charges. Our delivery charges are advised to you during the check-out process when you place your order.
11.2 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.
11.3 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, 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.
11.4 We may change our prices. We may change the prices of our products from time to time, but such changes will not affect any order you have already placed.
11.5 When you must pay and how you must pay. Details of how you must pay will be confirmed in our email acceptance of your order. We accept payment by Visa and Mastercard debit and credit cards. You will either be asked:
11.5.1. to pay for your order in cash or by credit or debit card at the time of order; or
11.6 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 2% a year above the base lending rate of HSBC Bank Plc 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.
11.7 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 and we will not charge you interest until we have resolved the issue.
12.1 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. 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.
12.2 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.3 We do not in any way exclude or limit our liability for:
12.3.1. death or personal injury caused by our negligence;
12.3.2. fraud or fraudulent misrepresentation;
12.3.3. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
12.3.4. any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
12.3.5. defective products under the Consumer Protection Act 1987.
13.1 How we will use your personal information. We will use the personal information you provide to us:
13.1.1. to supply the products to you;
13.1.2. to process your payment for the products; and
13.1.3. if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.
13.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
14.1 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.
14.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if you inform us and we, acting reasonably, agree to this in writing.
14.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.4 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.
14.5 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.
14.6 Which laws apply to this contract and where you may bring legal proceedings. 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.