Terms & Conditions
Last updated: 26th October 2020
HONESTY FOOD GROUP LTD
t/a Hug Pet Food
Your attention is particularly drawn to “our responsibility for loss or damage if you are a consumer “or “our responsibility for loss or damage if you are a business”.
What these terms cover. These are the terms and conditions on which we supply goods to you (the terms).
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 goods 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.
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; and you are buying goods from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
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.
If you are a business customer, you confirm that you have the authority to enter into this contract. You declare that you have the right, power and authority and have taken all action necessary to enter into this contract.
INFORMATION ABOUT US AND HOW TO CONTACT US
Who we are. We are Honest Food Group Ltd trading as Hug Pet Food, a company registered in England and Wales. Our company registration number is 12345144 and our registered office is at Faiers House, Gilray Road, Diss IP22 4WR, United Kingdom. Our registered VAT number is 342 2528 23.
How to contact us. You can contact us by telephoning our customer care team at 01380 710533, or by sending an email to us at firstname.lastname@example.org, or by writing to us at Hug Pet Food, Number 3, Garden Trading Estate, Devizes, Wiltshire, SN10 2HW.
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.
We are regulated. The domestic pet food we produce is regulated by the Department for Environment, Food and Rural Affairs (Approval number: 45/083/8103/ABP/PTF ) and Trading Standards (and its executive agency Animal and Plant Health Agency).
“Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
OUR CONTRACT WITH YOU
Conditions of making an order. In order to contract with us you must be over 18 years of age. When placing an order you must ensure that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card you use to place your order, and that there are sufficient funds to cover the cost of the goods.
How we will accept your order. After you have submitted your order on-line or we have received your order by phone or email, we will send you an email confirming that your order has been received once payment has been processed (Confirmation Email). This does not mean that we have accepted your order. Our acceptance of your order will take place when we email you stating that we have accepted your order, at which point a contract will come into existence between you and us (Order Confirmation Email).
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 goods. This might be because the goods are 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 goods or because we are unable to meet a delivery deadline you have specified.
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.
We only sell perishable goods in the UK Our website is solely for the promotion of our perishable products in the UK. Unfortunately, we do not accept orders for the raw products from addresses outside the UK.
Dried goods can be dispatched outside the UK. This relates to our Cold Pressed products and treats.
Goods may vary slightly from their pictures. The images of the goods 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 goods. Your goods may vary slightly from those images.
Goods packaging may vary. The packaging of the goods may vary from that shown in images on our website.
YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the goods you have ordered please contact us as soon as possible after receiving your Confirmation Email and in any event, before the goods are dispatched. 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 goods, 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.
OUR RIGHTS TO MAKE CHANGES
Changes to the goods. We may make changes to the goods available on our website and their contents:
to reflect changes in relevant laws and regulatory requirements, for example, to comply with health & safety and hygiene requirements; and/or
to implement minor adjustments and/or improvements from time to time.
These changes will not affect the main characteristics of the goods. If we want to make changes that do affect the main characteristics of the goods, we will notify you and you may end the contract between us, and receive a refund for any products paid for but not received. See below.
PROVIDING THE GOODS
Delivery costs. The options and cost for delivering your order will be displayed on the “Cart totals” screen once you have placed the goods into the “Cart” on our website. Alternatively, if you are placing your order over the phone, we will confirm the delivery options and costs on the call with you, or if you are placing your order by email, we will set out the delivery costs and options in an email to you. You must select your chosen option before submitting your order. Delivery costs are payable in addition to the price of our goods. The delivery option you selected will be confirmed in your Order Confirmation Email.
Some of our goods are perishable and therefore delivery of those goods is time sensitive. We will deliver the goods to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order, unless you select an alternative delivery option or make alternative arrangements with our Courier (see below).
During the order process we will let you know:
an estimated delivery date of when the goods will be delivered to you, depending on the delivery method you have chosen and what you arrange with the Courier; or
when the goods will be available for collection from us at: Hug Pet Food, Number 3, Garden Trading Estate, Devizes, Wiltshire, SN10 2HW.
If you are a business customer, you acknowledge and accept that delivery times are estimates only and time of delivery is not of the essence.
When you choose to have your order delivered. We engage a third-party courier service to deliver our goods to you (the Courier). Once you have received a Confirmation Email from us, the Courier will contact you directly by email and text to arrange delivery. At this point you should provide all necessary delivery instructions to the Courier, to avoid any delay in the goods being delivered to you.
We are not responsible for delays outside our control. If our supply of the goods 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.
Collection by you. If you have asked to collect the goods from our premises, you can collect them from us at any time during our working hours of 9:30am – 5pm BST on weekday’s only (excluding public holidays). Due to the COVID-19 pandemic, we have put in place certain health and safety procedures and restrictions to ensure our premises are COVID secure in accordance with Government guidance. Please follow all the instructions in relation to COVID-19 when you arrive and throughout your visit. If you have any questions about collecting your goods from us you call us on: 01380 710533.
Perishable frozen goods. Some of our goods are perishable and contain raw plant and meat matter. As a result, they must be kept frozen in order to maintain their integrity and remain safe to eat. Our website provides information about the storage of each individual product we sell and specific guidance in relation to raw or frozen goods here: https://hugpetfood.co.uk/cold-pressed-raw-feeding-dogs-and-cats/raw-pet-food-safety/ . You must examine our goods:
immediately on delivery or in any event, within 12 hours of delivery to check that the packaging is still sealed; and when you open the delivery immediately place product in the freezer.
Please see clause below if you are a consumer or if you are a business customer for details about your short term right to reject any faulty frozen goods,. Please also see below about our requirement for you to take photos of any faulty goods within 24 hours from delivery, which applies to both consumers and business customers.
If you are not at home when the goods are delivered.
Non-frozen and non-perishable goods. If no one is available at your address to take delivery from the Courier the courier will leave in your chosen safe place as per your instruction.
Frozen goods. Certain goods are required to be kept frozen and should be put in a freezer immediately after delivery. Any frozen goods will be clearly marked as such on our website and on the packaging. When ordering frozen goods, you must ensure that you have given instructions for the Courier to leave the goods in an allocated safe place if you are not available to accept the order.
When you become responsible for the goods. The goods will be your responsibility from the time the Courier collects from to deliver to you or when you collect the goods from us (whichever is applicable).
When you own goods. You own goods once we have received payment in full.
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 goods to you, for example, your name, delivery address, leave safe instruction, telephone number, email address and details relating to your payment method. We will contact you to ask for this information if any of it is outstanding from 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 10.2 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 goods 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.
Reasons we may suspend the supply of goods to you. We may have to suspend the supply of the goods to:
comply with any investigation, batch testing requirement or ruling/recommendation to permanently or temporarily suspend or recall the goods by a relevant regulatory body;
deal with technical problems or make minor technical changes;
update the goods to reflect changes in relevant laws and regulatory requirements; and/or
make changes to the type or number of goods in your order as requested by you or notified by us to you (above).
Your rights if we suspend the supply of goods. Where possible, we will contact you in advance to tell you we will be suspending supply of the goods, unless the problem is urgent or an emergency.
We may also suspend supply of the goods if you do not pay. If you do not pay us for the goods when you are supposed to (see below) and you still do not make payment within 2 days of us reminding you that payment is due, we may suspend supply of the goods until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the goods. We will not suspend the goods where you dispute the unpaid invoice (see below). We will not charge you for the goods during the period for which they are suspended. As well as suspending the goods, we can also charge you interest on your overdue payments (see below).
YOUR RIGHTS TO END THE CONTRACT
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:
If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the goods replaced or to get some or all of your money back), see below if you are a consumer or if you are a business;
If you want to end the contract because of something we have done or have told you we are going to do, see below;
If you are a consumer and have just changed your mind about the goods, see below. 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;
In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see below.
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 below, the contract will end immediately and we will refund you in full for any goods which have not been provided and you may also be entitled to compensation. The reasons are:
we have notified you about a change to the goods which you do not agree to (see below);
we have told you about an error in the price or description of the goods you have ordered and you do not wish to proceed;
there is a risk that supply of the goods may be significantly delayed because of events outside our control;
we have suspended supply of the goods for health & safety, hygiene or regulatory reasons, or notify you we are going to suspend them for such reasons, in each case for a period of more than 30 days; or
you have a legal right to end the contract because of something we have done wrong.
Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013) (CCR 2013). If you are a consumer then for most goods bought online you have a legal right to change your mind within 14 days and receive a refund (the cancellation period). The cancellation period is different depending on your order:
you have 14 days after the day you receive the goods, unless:
the goods you have ordered are perishable. In this case see below
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.
your goods are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods
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:
goods that are liable to deteriorate or expire rapidly (which includes our frozen goods which are perishable);
products, goods and packing sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and
any goods which become mixed inseparably with other items after their delivery.
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 above), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the goods are delivered and paid for. 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 goods 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.
HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU ARE A CONSUMER WHO HAS CHANGED THEIR MIND)
Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
Telephone or email. Call Customer Care on 01380 710533 or email us at email@example.com. Please provide your name, home address, details of the order (including order number) and, where available, your contact details: phone number and email address.
Online. Complete the Cancellation Request Form from your online account.
By post. Print off the Cancellation Form provided in the Schedule at the end of these terms and post it to us at the address on the form. Or simply write to us at Hug Pet Food, Number 3, Garden Trading Estate, Devizes, Wiltshire SN10 2HW, including details of what you bought, when you ordered or received it and your name, address and telephone number.
Returning goods after ending the contract.
If you end the contract for any reason after the goods 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 Hug Pet Food, Number 3, Garden Trading Estate, Devizes, Wiltshire SN10 2HW; or
If perishable goods we may in certain circumstances, we may agree to collect the goods in question from you. Please call Customer Care on 01380 710533 or email us at firstname.lastname@example.org for information about our returns policy any enquires about the collection of goods; at which point we can provide you with an estimate of the reasonable costs for doing so.
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.
The costs of return. We will pay the costs of return:
if the goods are faulty or misdescribed; or
if you are ending the contract because we have told you of a change to the goods, an error in pricing or description, a substantial delay 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.
What we charge for collection. If you request that we collect the goods from you, we will charge you the direct cost to us of collection.
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 goods including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
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:
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.
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 options for goods by Royal Mail second class post at one cost but you choose to have the goods delivered by express courier within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
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 your refund will be made within 14 days from the day on which we receive the goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the goods back to us. For information about how to return goods to us, see above.
OUR RIGHTS TO END THE CONTRACT
We may end the contract f you break it. We may end the contract for goods at any time by writing to you if:
you do not make any payment to us when it is due;
you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the goods;
you do not, within a reasonable time, allow our Courier to deliver the goods to you or collect them from us;
after a failed delivery attempt, you do not rearrange delivery with our Courier or collect the goods from a local depot; or
you become bankrupt, go into administration or a receiver is appointed.
You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1, we will refund any money you have paid in advance for goods we have not provided but we may deduct or charge reasonable compensation for the net costs we will incur as a result of your breaking the contract.
IF THERE IS A PROBLEM WITH THE GOODS
If you have any questions or complaints about the goods, please contact us. You can telephone our Customer Care team at 01380 710533 or write to us at email@example.com or to our address Hug Pet Food, Number 3, Garden Trading Estate, Devizes, Wiltshire SN10 2HW.
We will endeavour to acknowledge a complaint by email within 5 working days of receipt confirming the name of the handler dealing with your complaint and an anticipated timescale for undertaking an investigation into the issue raised by you, however, telephone complaints may not be acknowledged in this way prior to an investigation being carried out. Any timescale we might give you for resolving a complaint will only be an estimate as each case will we dealt with independently on the basis of its own facts.
If you have a complaint about the goods, there is a suspected defect or if the goods arrived damaged then you must take high-resolution, time-stamped photographs of the goods (both contents and packaging) on delivery or as soon as possible after delivery, and in any event, within a maximum of 24 hours from delivery. Due to some of our goods containing raw produce and material of animal origin, some goods may begin to degrade if their packaging has damaged in transit or if the goods are not refrozen in accordance with their instructions. In order to ensure we have an accurate point of reference for our assessment of the state of the goods when they were delivered to you (because the state of the goods would likely worsen before the goods could be returned to us for inspection) and to effectively deal with your complaint, you are required to submit the pictures referred to in this clause by email part of our complaints procedure.
YOUR RIGHTS IN RESPECT OF DEFECTIVE GOODS IF YOU ARE A CONSUMER
If you are a consumer we are under a legal duty to supply goods that conform with the terms of this contract. See the box below for a summary of your key legal rights in relation to the goods. Nothing in these terms will affect your legal rights.
SUMMARY OF YOUR KEY LEGAL CONSUMER 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.
As the products you have ordered from us are goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your goods 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.
Please see below of these terms in respect of your right to reject perishable goods.
Right to reject perishable goods if you are a consumer. The expected lifespan of our frozen goods if they are unrefrigerated, is up to a maximum period of 48 hours from delivery, provided the product is not in direct sunlight and the packaging remains sealed and undamaged. As a result, you may reject our frozen goods within 48 hours from delivery if the goods are faulty in accordance with below. Please also see above about our requirement for you to take photos of any faulty goods.
Your obligation to return rejected goods purchased from us. If you wish to exercise your legal rights to reject goods ordered from us you must either return them in person to our premises at: Hug Pet Food, Number 3, Garden Trading Estate, Devizes, Wiltshire, SN10 2HW, post them back to us or (if they are not suitable for posting) contact us to arrange (if possible for us to do so) for the goods to be collected from you. We will pay the costs of postage or collection. Please call Customer Care on 01380 710533 or email us at firstname.lastname@example.org for returns related queries, a return label or to arrange collection. Please note that our Customer Care service is only open from 9:30am to 5pm BST – Monday to Friday (excluding public holidays).
YOUR RIGHTS IN RESPECT OF DEFECTIVE GOODS IF YOU ARE A BUSINESS
If you are a business customer we warrant that:
we have complied with all applicable laws and regulations in connection with the production of domestic pet food by us and
on delivery of goods produced by us, they shall be fit for any purpose held out by us on our website.
Subject to goods being damaged by the Courier in transit (below) if:
you give us notice in writing within 24 hours of delivery that the goods do not comply with the warranty set out above;
you comply with the requirement to provide us photographic evidence in of the goods in accordance with below;
you return such the goods to us (with the supporting evidence requested above) at our cost and as soon as reasonably practicable; and
on receipt of the goods we are given a reasonable opportunity to examine the goods and the photographic evidence you have provided to assess the alleged defect,
we shall, at our option, replace the defective goods, or refund the price of the defective goods in full.
We will not be liable for goods failure to comply with the warranty above if:
the goods have been damaged by the Courier in transit
you make any further use of such goods after giving a notice in accordance with above;
the defect arises because your chosen delivery location was unsuitable;
the defect arises because you failed to follow our oral or written instructions as to the storage, temperature requirements, use, application, cooking, maintenance or hygiene instructions in relation to the goods;
you alter or repair the goods without our knowledge or written consent; or
the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working or storage conditions.
Except as provided in this clause, we shall have no liability to you in respect of any goods failure to comply with the warranty set out above.
These terms shall apply to any replacement goods supplied by us as above.
PRICE AND PAYMENT
Where to find the price for the goods. The price of the goods (which includes VAT) will be the price indicated on our website. The price of the goods shall be confirmed on the “Cart” page on our website, on the phone call or via email before you place your order, as well as in the Acceptance Email. We take all reasonable care to ensure that the price of the goods set out on the website is correct. However, please see clause 14.3 for what happens if we discover an error in the price of the goods you order.
All of our goods are priced in GBP Sterling (£) and your order will include VAT at the appropriate local rate. Excluding the VAT included in the price, any duties or local taxes are payable by you at the appropriate local rate.
Orders from individuals in non-EU countries are tax deductible. Sales to VAT-registered businesses and organisations within the EU will not be charged VAT provided that VAT registration numbers and business details accompany every order.
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 goods, we will adjust the rate of VAT that you pay, unless you have already paid for the goods in full before the change in the rate of VAT takes effect.
What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the goods correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the goods 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 and give you the option of reconfirming your order at the correct price or to cancel it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
When you must pay and how you must pay. We accept payment for goods by:
cash on collection or delivery (in GBP Sterling (£)); or
by debit or credit card (VISA, Apple Pay, Google Pay, Maestro and MasterCard).
We will not charge your credit or debit card until we start preparing the goods for dispatch to you. If you choose the option to pay by “cash on delivery” then you will be not be given physical possession of the goods, and title to the goods shall not pass, until you have made payment in full.
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).
We can charge interest if you pay late. f 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.
What to do if you think an invoice is wrong. If you think an invoice or Confirmation Email is wrong please contact us promptly to let us know. You will not have to pay any interest that may have accrued under until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
Discounts. We reserve the right to offer, and withdraw at any time, the following promotional vouchers which are only valid on one purchase through our website:
Account discount codes – discount codes may from time to time be offered by us to our account holders. You may only apply a discount code once to a purchase made through the account in respect of which the discount code was offered and registered.
Promotional discount codes – we may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made through our website.
Any discount code we offer shall be subject to any additional terms referred to on it and is not valid in combination with any other promotion, offer, discount, sale item or special order. If a discount code does not contain an express notification of its expiry date then it may be withdrawn at any time by us.
Refer a friend discount code – This scheme allows existing Hug customers to share unique codes with their friends to provide them with a discount off their order. Discount codes can only be used by new customers who have not previously had a Hug account or delivery. As a Hug customer, you can refer multiple friends and claim up to £200 per month, beyond this, you can continue to refer friends however you will not receive any further credit. Credit will be applied once your friend has purchased their goods using your referral code.
By signing up to an account and receiving a referral code, you will agree to not share this code with members of the public through social media platforms or websites. We reserve the right to withdraw participation in this scheme for any user that breaches these T&C’s.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
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 purchase process.
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 goods as summarised above, and for defective products under the Consumer Protection Act 1987.
We are not liable for business losses. If you are a consumer, we only supply the goods for your domestic and private use. If you use the goods for any commercial, business or re-sale purpose our liability to you will be limited as set out below.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS
Nothing in these terms shall limit or exclude our liability for:
death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
fraud or fraudulent misrepresentation;
breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
defective products under the Consumer Protection Act 1987; or
any matter in respect of which it would be unlawful for us to exclude or restrict liability.
All terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
Subject to above:
we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the value of goods under the order relevant to your claim.
HOW WE MAY USE YOUR PERSONAL INFORMATION
OTHER IMPORTANT TERMS
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.
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. We retain the right to refuse to transfer your rights to another person if the transfer would be unreasonably costly for us to do complete, or is not possible due to the goods being of a perishable nature. Before agreeing to a transfer we may require the person to whom rights are transferred to provide reasonable evidence that they are now the owner of the relevant item or property.
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. 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.
If a court finds part of this contract illegal, the rest will continue in force. Each of the clause in these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
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 goods, we can still require you to make the payment at a later date.
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 goods in the English courts. If you live in Scotland you can bring legal proceedings in respect of the goods in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the goods in either the Northern Irish or the English courts.
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 the alternative dispute resolution provider we use. You can submit a complaint to Trading Standards via their website. In addition, please note that during the transition period, before the UK formally exits the EU, disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform accessible via: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
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.
CANCELLATION FORM FOR CONSUMER CUSTOMERS
(Complete and return this form only if you wish to withdraw from the contract)
To: Hug Pet Food
Garden Trading Estate
Telephone: 01380 710533
Consumer Cancellation Form
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods ordered on [*]/received on [*]:
Ordered on [*]/received on [*]: …………………………………………………
Name of consumer(s): …………………………………………………
Address of consumer(s): …………………………………………………
Order number(s): …………………………………………………
Reason for cancellation (optional): …………………………………………………
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
© Crown copyright 2013.