Terms & Conditions
1. General Terms
1.1 These Terms and Conditions are for the use of this website www.wirraldogfood.com (the Website) and any orders you place with us by telephone, in store or through this website. They apply to all contracts for the sale of Goods by Wirral Dog Food and supersede any previous Terms and Conditions that we may have published from time to time.
1.2 If you have experience any problems using the Website please contact us by email at email@example.com or by telephoning 0151 670 9894 during business hours.
1.3 The Website is owned by Mr James Beattie, trading as Wirral Dog Food (the Seller). The business is headquartered and operates from Unit 90, Appin Road, Argyle Industrial Estate, Birkenhead, Wirral, Merseyside, CH41 9HH. Our VAT number is [ ].
1.4 By using the Website you agree you are aged 18 or over.
1.5 Your statutory rights are not affected or impeded by these Terms and Conditions. If at any time these Terms and Conditions appear to conflict with your statutory rights then the latter will prevail.
In these conditions the following terms have these meanings when capitalised:
‘Contract’ means the quotation, these Conditions of Sale, and any other document incorporated in a contract between the Seller and the Customer.
‘Customer’ means any person, firm or company receiving a quotation form and/or placing an order with the Seller
‘Day’ means any day except any Saturday, any Sunday, or any day which is a UK public holiday or any day on which banking institutions are authorised or required by law or other governmental action to close
‘Goods’ means all and every product or part of a product supplied by the Seller
'Order' means an order placed online, by telephone or otherwise remotely and in circumstances where you have not had opportunity to inspect the goods prior to purchase
‘Relevant Day’ means the day your Goods are scheduled for delivery
‘Trade Customer’ means a customer who is trading as a business and is purchasing Goods for the purpose of resale.
3. Content of the Website
3.1 The copyright and all other intellectual property rights in and to the Website and any and/or all of the material on the Website are either owned by us or are included with the permission of the owner of the rights.
3.2 No material, images, content or other aspect of the Website may be saved, distributed or otherwise used for any commercial or business purpose without our prior written consent.
3.3 No licence is granted to you in these Terms and Conditions to use any trade mark of Wirral Dog Food whether registered or unregistered.
3.4 The information that we provide about our Goods here on our website along with any brochures, leaflets, price lists, samples or other advertising or descriptive material are intended to be approximate only and to give a general impression of the Goods. Unless expressly incorporated this shall not form part of the Contract.
3.5 While we do our very best to make sure that ingredients, feeding guides and other product information is accurate and up to date, you are advised to verify the accuracy of any such information before relying on it. This can be done by referring to the manufacturer’s packaging, where you will always find an accurate and up to date description of the product.
3.6 We do not accept any liability arising from any inaccuracy, omission, interruption or delay in any information provided on the Website or other materials.
3.7 When buying bones, chews, toys or other Goods that may not be suitable for all breeds, ages or sizes of dog, we advise you to check carefully the suitability of these products before giving them to your dog. We advise that all such Goods, including feeds, are given under supervision and only if you are reasonably confident, having inspected the Goods, that these are in good condition and suitable for your dog.
4. Registering for an Account
4.1 If you register for an account on the Website, it is up to you to keep your account details and password safe and to prevent unauthorised people from accessing it through your computer or other devices.
4.2 It is your responsibility to make sure that the information you provide to us is accurate and to update this information if your details change.
4.3 You will be responsible for any activity on your account including the accuracy of any delivery or other information you have entered and for any orders placed with us.
4.4 You can cancel your account at any time. We may suspend or cancel your account immediately or restrict or prevent your access to the Website at our reasonable discretion if you breach any of your obligations under these Terms and Conditions.
4.5 The suspension or cancellation of your account shall not affect either party's rights or liabilities.
5. Ordering From the Website
5.1 All orders placed through the Website will be subject to our acceptance of the order.
5.2 When we process your order we will normally send you an email acknowledging the order and indicating when we expect to deliver your Goods. This email does not mean that your order has been accepted. Your order constitutes an offer to us to buy Goods.
5.3 If you have used a promotional code to obtain a discounted price, acceptance of your order will be subject to our verification of your eligibility and compliance with the terms of the promotion.
5.4 The price for the Goods shall be the price published on the Website at the time of despatch of the Goods, except in the case of obvious error. In the event of an error in the price quoted on the Website we reserve the right not to fulfil and/or to cancel any orders placed by you for Goods at the inaccurate prices.
5.5 All prices are shown inclusive of VAT, where applicable. Please ask us if you require a VAT invoice.
5.6 Delivery charges where applicable are published on the Website.
5.7 Payment of Goods, either by credit or debit card, will be taken from your card at the time we receive your order. If for any reason we do not accept your order, or if stock is unavailable then we will refund the value of any Goods that you have paid for but not received.
5.8 We reserve the right to change our prices at any time. Such changes will not affect any order for which we have already accepted payment.
5.9 Prices offered on this Website may differ from time to time to those offered in store or at special promotions such as shows or exhibitions.
5.10 We operate different pricing structures for Trade and Wholesale Customers.
5.11 From time to time, we (or selected third parties) may include competitions, promotions, vouchers or other offers on the Website, through social media or other channels. Each such offer and or voucher shall be subject to its own express terms, however, each offer or promotion will be subject to availability at all times. Your statutory rights are not affected.
5.12 Any coupons, discounts, promotional discount codes or vouchers offered by us are valid only for use as part of a purchase made from Wirral Dog Food only, unless otherwise stated.
6. Delivery Service
6.1 We operate a Free Local Delivery Service and an Express Courier Service.
6.2 Our Free Local Delivery Service is operated by our own drivers who are trained to our high standards of service and safe handling of foods. We will deliver according to our published Free Delivery Schedule subject to our capacity and to receiving your order 1 full day before the scheduled delivery day for your area. Delivery of Goods by our Free Local Delivery Service other than on the relevant day is not possible. Notwithstanding the foregoing, we reserve the right to vary the delivery day at our sole discretion and according to our business requirements.
6.2 Our Express Courier Service is available for the UK mainland excluding the Scottish Highlands and Islands. This service is operated by a 3rd party carrier in accordance with their terms and conditions. Your goods will normally be delivered within 3 Days of the day you place your order, however this may take up to 5 Days.
6.3 If you are not sure whether you are in our distribution areas for Free or Express delivery please contact us by phone or email and we will be happy to explain your options. If we are not able to deliver to your area we will try and help you to find a local stockist.
6.4 Deliveries can be booked via our website or by telephoning our depot on 0151 670 9894. Your Goods will be delivered between 7am and 7pm on the Relevant Day. You must be available to accept the Goods within those times, or alternatively provide us with safe delivery instructions. If you are not available to accept your delivery and have left delivery instructions when placing your order, you will be deemed to accept the full risks of receipt of those Goods once we have left them at the location you have specified or a reasonable alternative location. In the event of a dispute, proof of delivery will be constituted by photographic proof that our driver has acted upon your instructions.
6.5 We reserve the right to make part deliveries or to delay delivery until all required Goods are in stock.
6.6 We cannot be held responsible for the non-performance of any aspect of order delivery arising as a direct result of incorrect information being provided by you. You will be responsible for the cost of delivery and return of the Goods to us in these circumstances.
6.7 We shall not be liable for the non-performance of any aspect of order delivery arising from circumstances beyond our control.
6.8 We cannot be held liable for any consequential loss whatsoever as result of a product being “lost”, damaged, unsuitable or not arriving on time.
7.1 The risk in the Goods shall pass from us to you when we deliver the goods to you. The Goods will be deemed to have been delivered when you receive them from us, or when we leave them in a delivery place that you have designated or a reasonable alternative location. For in store purchases or collections, delivered means the point at which you have left the store with the Goods.
7.2 Notwithstanding delivery and the passing of risk in the goods, title and property in the Goods, including full legal and beneficial ownership, shall not pass to you until we have received payment in full and in cleared funds for all Goods delivered by us to you.
8 Failed Deliveries
8.1 If for any reason we are unable to deliver your Goods, we will leave a card providing details of our attempt to deliver. If so, please contact us to rearrange. Alternatively, your order may be automatically rescheduled for delivery, in which case you will receive an email or telephone call to advise you of the new Relevant Day. If we are unable to leave the Goods through no fault of our own we reserve the right to charge for re-delivery and may cancel your order and/or refuse future deliveries or service at our sole discretion.
8.2 In the unlikely event that your order is not received on the Relevant Day and you do not receive a card, please advise us immediately by telephone or email. We will investigate the reason and respond to you within a further period of 2 Days from the Day you notify us. If, following our investigations, we are unable to provide a satisfactory explanation or reasonable proof of delivery then we will make good by either allowing you to cancel your order and we will refund any amount paid in full, or, at our sole discretion, by arranging delivery of the Goods on an alternative date.
9. Shortages, Defects and Returns
9.1 We warrant to you that the Goods we provide to you will be of merchantable quality and reasonably fit for the purposes for which products of such kind are commonly supplied. You should expect to receive the Goods in satisfactory condition. It is your responsibility to inspect the Goods upon delivery to ensure that they have been received in full and that they are in good condition and to notify us immediately if there is a problem.
9.2 If there is any shortage in your delivery, provided we have had opportunity to inspect the Goods before any part of them has been used, then we shall, at our discretion either make good or issue a refund for the missing items. We shall have no liability in respect of shortages if we have not been given the opportunity to inspect the Goods before any part of them has been used.
9.3 Should any product purchased from us be found to be faulty, damaged, or differing materially from the description provided on the Website we will, subject to the following conditions, liaise with the manufacturer on your behalf to investigate the problem and will work with them to agree a fair and appropriate solution :-
- You must notify us of the problem as soon as you notice it and within 24 hours of delivery
- You must at your own expense within 2 days of the notification, return the defective item to us with its original packaging,
- The Goods must have been stored in accordance with our guidance for How to Store Your Dog Food Safely and have not been mixed with any other goods or substances
9.4 Refunds for goods purchased under a promotional offer will be based on the terms of the promotional price.
9.5 In the event that you purchase an item by mistake, or that you are unsatisfied with a Good for any reason other than defect, then we may, at our sole discretion, replace or refund the item if it is returned to us in unused or saleable condition. We will not accept the return of food, except tinned food, under any conditions other than defect because we will not deem a product as suitable for resale once it has left the controlled conditions of our depot and transportation systems.
9.6 To arrange to return a product or for further information about returns or refunds please email us at: firstname.lastname@example.org or telephone us on: 0151 670 9894, Monday to Friday 9am to 5pm.
10. Right to Cancel
10.1 You can cancel your Order at any time up prior to the day of dispatch. To cancel please email or phone, quoting your order reference number and we’ll refund any monies paid as soon as possible.
10.2 Subject always to 10.3 below, you can cancel your Order at any time up to 14 calendar days after the day of delivery. To do this, please email us at email@example.com quoting your order number and a reason for post-delivery cancellation. Alternatively, you can post this information to Wirral Dog Food, Unit 90, Appin Road, Argyle Industrial Estate, Birkenhead, Wirral, Merseyside, CH41 9HH.
10.3 We regret that we are unable to accept post-delivery cancellations of edible Goods (feeds, treats, chews, raw feeds, or puppy milk products) as we are unable to guarantee their condition upon return to us. We are continually looking for ways to improve our service to you so would appreciate feedback on why you feel the need to cancel your order, although you are under no obligation to provide this.
10.4 If you cancel your Order you must return the goods to us at your own expense and in the original packaging. You must ensure goods are packaged adequately to protect against damage. If you fail to take reasonable care of the goods before they are returned to us, and this results in damage or deterioration, we will charge you for the reduction in value.
10.5 This cancellation policy does not affect your legal rights, for example if Goods are faulty or misdescribed.
11. Communication and Notices
11.1 We are required by law to make some communications to you in writing. Such communication will be mainly electronic, whether by email or by posting information on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
11.2 All notices must be sent by letter to Mr James Beattie, Wirral Dog Food, 90 Appin Road, Argyle Industrial Estate, CH41 9HH. We will not accept service by email. In proving the service of any notice, it will be sufficient to prove that such letter was properly addressed, stamped and placed in the post.
12. Force Majeure
12.1 We will take all reasonable steps to perform our obligations and deliver within the time specified, but such times are estimates only. We shall not be liable for expenses, losses or damages caused by late performance or delay in delivery and such reasonable delays shall not entitle you to refund or cancellation.
12.2 Without prejudice to the generality of the foregoing, we shall have no liability for any expenses, losses or damages caused by delay or default in performance of any obligation caused directly or indirectly by weather conditions, pandemic, breakdown or unavailability of plant of machinery, failure of raw material or supply of raw material or any other causes or causes beyond our reasonable control.
13. Law and Jurisdiction
13.1 The agreement shall be governed by the Laws of England and Wales and the Customer will accept the jurisdiction of the Courts of England and Wales in respect of all matters arising under this agreement.
14. Business Address
14.1 Our address for correspondence is Wirral Dog Food, Unit 90, Appin Road, Birkenhead, CH41 9HH