Terms and Conditions
- Definitions and Interpretation
The following definitions and interpretation shall apply to all dealings between the Customer and Craig Russell Flint trading as The Dog Man’s Choice.
“Contract” means the order form, registration form, and schedules applicable to it and our terms of business.
“Services” means the supply of Product(s) as provided under the Contract.
“the Customer” “you” shall mean the person, individuals, corporations, associations or other organisation to whom Craig Russell Flint trading as The Dog Man’s Choice agrees to supply to.
“The Dog Man’s Choice”, “us” and “we” shall mean Craig Russell Flint trading as The Dog Man’s Choice.
“the Product(s)” The Dog Man’s Choice premium dog food and dog accessories.
- Order for Purchase
2.1 You placed the order for Product(s) on The Dog Man’s Choice website by pressing the complete checkout button at the end of the checkout process.
2.2 An order acknowledgement email detailing the Product(s) you have order will be sent.
2.3 Order acceptance and the completion of the Contract between you and The Dog Man’s Choice will take place on the despatch to you of the Product(s) ordered, not before, unless notified that we do not accept your order or you have cancelled it in accordance with instruction. A contract is not formed at the point in time that payment has been taken from you by The Dog Man’s Choice, nor at the point in time that you receive an email acknowledging receipt of your order. Until such time as the Product(s) are despatched the order may not be accepted or cancelled
3. Non-acceptance of an Order
3.1.1 the Product not being available from stock;
3.1.2 inability to obtain authorisation for payment;
3.1.3 a price or product description error is identified; or
3.1.4 you are not eligible to order.
4.1 Free delivery applies to selected postcodes only with a minimum spend of £50.
4.2 The Dog Man’s Choice reserves the right to restrict deliveries in certain areas. This includes the right to withdraw Services to individual Customers’ addresses if such Customers are repeatedly unavailable to take delivery or in other exceptional circumstances.
4.3 Orders must be signed for at the delivery address, by you, or by your nominated representative who must be aged 18 or above. Under no circumstances will orders be left unattended or with anybody below the age of 18.
4.4 If, in the unfortunate situation no one is available to accept and sign for your delivery, a card will be left by our courier asking you to arrange an alternative delivery time. If you fail to rearrange delivery within a reasonable period, or in cases where it is not possible to offer redelivery, your order will be cancelled and the cost of your order minus any associated charges will be refunded on return of the Product.
5.1 Any of the following cards may be used in payment: Visa Debit (Delta), Maestro UK, MasterCard, Visa Credit, Solo, American Express.
5.2 The Dog Man’s Choice uses secure technology to encrypt details as they are being transmitted to prevent anyone from eavesdropping on your shopping session and to keep your card and personal details private.
5.3 Once your order is processed, the payment details associated with your order are removed from file.
5.4 If you decide to cancel, The Dog Man’s Choice will reimburse to you the amount in relation to Product(s) to which cancellation rights apply minus the cost of delivery. The Dog Man’s Choice may make a deduction from the reimbursement for loss in value of any Product(s) supplied, if the loss is the result of unnecessary handling by you.
5.5 Any reimbursement will be made without undue delay and not later than 14 days after the day we receive back from you any Product(s) supplied. The Dog Man’s Choice will make the reimbursement using the same means of payment as used for the initial transaction, unless expressly agreed otherwise.
5.6 If the Customer has any queries regarding payment such concerns should be raised in writing to The Dog Man’s Choice.
- Cancellation – Consumer Contracts Regulations 2013
6.1 You have the right to cancel this Contract within 14 business days without giving any reason. The cancellation period will expire after 14 business days from the date of commencement of the Contract.
6.2 If you wish to exercise your right of cancellation, you are obliged to retain possession of the Product(s) and take reasonable care of them.
6.3 Cancelling a Contract within the relevant period ends the obligations of both parties to the Contract.
6.4 To exercise the right to cancel, you must inform The Dog Man’s Choice of your decision to cancel by a clear statement in writing including your name, address, details of the order and, where available, your phone number and email address.
6.5 You can cancel by email: firstname.lastname@example.org, call 01785 664805 or write to: The Dog Man’s Choice, Armthorpe, Holdiford Road, Tixall, Stafford, Staffordshire. ST18 0XP.
6.6 If you decide to cancel, you should return the Product(s) in their original condition to The Dog Man’s Choice, Armthorpe, Holdiford Road, Tixall, Stafford, Staffordshire. ST18 0XP at your cost within 14 days of such cancellation, with proof of purchase for refund or exchange.
6.6 Product(s) must be returned in original packaging, undamaged and unused.
6.7 If you return Product(s) to us, The Dog Man’s Choice will not be responsible for any loss or damage during transit and recommend that you use a recorded or secure delivery method. If goods are lost or damaged in transit, The Dog Man’s Choice may charge you, or not refund to you, amounts that are attributable to the loss or damage. The Dog Man’s Choice cannot accept substitute or alternative items by way of returns nor are we able to send them back to you, so please look closely at the items you return to us. If you return or attempt to return substitute or alternative items you will still be responsible for paying for the original item purchased.
7 Returns and Refunds
7.1 We cannot offer refunds or exchanges, unless faulty or not as described, on the following items:
– Products which are not suitable for return due to health protection or hygienic reasons if unsealed by you after delivery, or which are, after delivery, inseparably mixed with other items.
– Products which have been personalised for you.
– Made to measure products or goods made to your specification.
– Perishable goods, goods that deteriorate or expire rapidly.
– Digital content.
7.2 Delivery and returns postage costs:-
Items returned because they are damaged, defective or incorrect – If you are returning a Product because of an error on our part or, in accordance with our returns policy, because it is damaged or defective, we will refund the delivery charges incurred in sending the item to you and pay your costs of returning it to us by refunding your return postage costs.
Items returned under the 14-day returns guarantee – If there has been no error on our part, under our returns policy we will refund only the cost of the Product. We will not refund the cost of delivery or return postage.
7.3 The Customer will assume liability for any loss, damage, deterioration due to wear and tear or destruction of Products, except for technical failure due to product defect as covered by the relevant Product warranty.
The Dog Man’s Choice shall not be liable for any loss, damage, deterioration or destruction of Products, resulting from the negligence, or wrongful act(s) of the Consumer in its use. The Consumer is responsible for operating and using the Product within its operating limits and is responsible for the overall maintenance, upkeep, and safety of the Product.
7.4 Return requests for defective Products must be made within the warranty period applicable to the relevant Product. No Product returns will be accepted after the end of the applicable warranty period or if the warranty is invalidated for any reason.
7.5 If the Customer wishes to return a product that is defective during its applicable warranty period the Customer must make its request within 30 days of the date of appearance of the defect. The Customer must provide The Dog Man’s Choice a written request with the following information:-
– Order or invoice number.
– Details of relevant Product.
– Identify the Product lifetime and provide evidence of the applicable warranty terms.
– Identify and explain the Product failure and include, where appropriate, photographs.
– Explain conditions and use of the Product (including frequency and hours of use, location of use, conditions of storage).
– Provide upkeep and maintenance records.
– Provide a description of any modification(s) made to the Product.
All associated costs of delivery and returns are to be borne by the Customer.
On receipt of the Product and information, The Dog Man’s Choice will undertake an investigation and, following such, will notify the Customer that either no fault was found, or that a fault was found and arrange for the Product to be repaired or replaced.
In the event that The Dog Man’s Choice fails to repair or replace a defective Product then The Dog Man’s Choice shall accept the return of such Product and refund the Purchase Price less 20% per annum depreciation to be implemented from the date of shipment.
The Dog Man’s Choice will not offer any other remedies than as contained in these Terms and Conditions.
Defective products will not be returned to the Customer and may be destroyed.
If the Customer requests that The Dog Man’s Choice correct any fault that does not qualify under the terms of the warranty then The Dog Man’s Choice will issue an estimate for such repair cost, or direct the Customer to an appropriate repair service provider. No correction will begin until the Customer has accepted such estimate in writing.
- Force Majeure Event – Events Outside Our Control:
8.1 The Dog Man’s Choice will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control (“Force Majeure Event”).
8.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
– act of God (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods);
– war, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilisation, requisition, or embargo;
– rebellion, revolution, insurrection, or military or usurped power, or civil war;
– riot, commotion, strikes, go slows, lock outs or disorder;
– acts or threats of terrorism;
– other unforeseeable circumstances beyond the control of the parties against which it would have been unreasonable for the affected party to take precautions and which the affected party cannot avoid even by using its best efforts.
8.3 The Dog Man’s Choice’s performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will endeavour to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract between us may be performed despite the Force Majeure Event.
Coupons, discounts and promotional discount codes offered by The Dog Man’s Choice are valid only for use as part of a purchase made via The Dog Man’s Choice website, unless otherwise stated. A promotion is subject to availability. The Dog Man’s Choice reserves the right to reject or cancel a promotion without notice. Only one offer/promotion can be accepted and must be applied at the time of purchase.
10.1 The Dog Man’s Choice will use reasonable endeavours to ensure that all Contracts are completed with reasonable skill and care.
10.2 It is The Dog Man’s Choice’s policy to conduct all of its business in an honest and ethical manner. We are committed to acting professionally, fairly and with integrity in all our business dealings and relationships.
10.3 Customers are covered by our quality guarantee on every product. Should the Customer not be entirely satisfied, The Dog Man’s Choice will refund and replace any item subject to due compliance by the Customer with these Terms and Conditions. Please contact The Dog Man’s Choice with any queries.
10.4 Nothing in these Terms and Conditions will reduce your statutory rights relating to faulty or misdescribed goods. For further information about your statutory rights contact your local authority, Trading Standards Department or Citizens Advice Bureau.
- Data Protection
11.1 The Dog Man’s Choice needs to hold certain personal information about the Customer. Information will be held in accordance with the Data Protection Act 1998. Agreement to the processing of personal data is a condition of acceptance of our Services.
11.2 When you shop on this The Dog Man’s Choice website we will ask you to input and will collect personal information such as your name, email address, billing address, delivery address, telephone number, product selections, credit card, or other payment information, and a password. We may collect this information even if you do not register with us.
11.3 The information you voluntarily provide amounts to a trade secret, is confidential and is commercially sensitive and will be used solely for the purposes of satisfying your requests, and for assessment and analysis, e.g. marketing, Customer and product analysis, to enable us to review, develop and improve our services.
11.4 We may disclose personal or confidential information if required to do so by law, court order or for the purposes of prevention of fraud or other crime or if we believe that such action is necessary to protect and defend the rights, property or personal safety of The Dog Man’s Choice and affiliates.
11.6 We endeavour to take all reasonable steps to protect personal information. However, we cannot guarantee the security of any data that you disclose online and we will not be responsible for any breach of security unless this is due to our negligence or wilful default.
12.2 Our cookies do not collect sensitive information such as your name, address or financial details. The cookie simply holds the “key” that once you have signed in, is associated with this information.
12.5 To find out more about cookies, including seeing what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org.
12.6 If you do not wish to accept cookies from The Dog Man’s Choice website, please leave this site immediately and then delete and block all cookies from this site. Alternatively, you may opt out of receiving information from us by e-mail, telephone, or post. Our phone number is 01785 664805, or you can e-mail us on email@example.com.
13.1 If you use The Dog Man’s Choice website, you are responsible for maintaining the confidentiality of your account and your password and restricting access to your computer to prevent unauthorised access. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that your password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if your password is being, or is likely to be, used in an unauthorised manner.
13.2 Access to The Dog Man’s Choice website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the website without notice. We will not be liable if for any reason the website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of The Dog Man’s Choice website, to users who have registered with us.
13.3 You must ensure that the details provided by you on registration at The Dog Man’s Choice website or at any time are correct and complete.
13.4 You may not use The Dog Man’s Choice website for:
13.4.1 transmitting any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
13.4.2 transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or codes of practice;
13.4.3 gaining unauthorised access to other computer systems;
13.4.4 interfering with any other person’s use or enjoyment of the website;
13.4.5 breaching any laws concerning the use of public telecommunications networks;
13.4.6 interfering or disrupting networks or websites connected to the website; or
13.4.7 making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
13.5 We reserve the right to refuse to post material on The Dog Man’s Choice website or to remove material already posted on the website.
13.6 You fully indemnify us against any and/or all losses, liabilities, costs and/or expenses reasonably suffered or incurred by us, any and/or all damages awarded against us under any judgment by a court of competent jurisdiction and any and/or all settlements and sums paid by us as a result of any settlement reasonably agreed by us arising out of or in connection with:
13.6.1 any claim by any third party that the use of the website by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
13.6.2 any claim by any third party that the use of the website by you infringes that third party’s copyright or other intellectual property rights of whatever nature; and/or
13.6.3 any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the website by you.
13.7 We may suspend or cancel your registration to The Dog Man’s Choice website 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.
13.8 You can cancel this Contract at any time after giving us prior notice in writing. If you do so, you must stop using your registration to The Dog Man’s Choice website.
13.9 The suspension or cancellation of your registration to The Dog Man’s Choice website and/or your right to access and/or use the website shall not affect either party’s rights or liabilities.
13.10 We try to ensure that The Dog Man’s Choice website is free from viruses or defects. However, the user agrees that material downloaded or otherwise accessed through the use of the website is obtained entirely at the user’s own risk and that the user will be entirely responsible for any resulting damage to software or computer systems and/or any resulting loss of data.
13.11 You must not misuse The Dog Man’s Choice website by knowingly introducing any spyware, computer viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to The Dog Man’s Choice website, the server on which the website is stored or any server, computer or database connected to the website.
13.12 All rights, including copyright, in The Dog Man’s Choice website are owned by or licensed to The Dog Man (Stafford) Limited. Any use of The Dog Man’s Choice website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on our website for any purpose.
13.13 The content of The Dog Man’s Choice website is intended for information purposes only and does not represent legal, veterinary or other professional advice on which reliance should be placed. Users are hereby placed under notice that they should take appropriate steps to verify such information. No user should act or refrain from acting on the information contained in the website without first verifying the information and as necessary obtaining legal and/or other professional advice.
13.14 The Dog Man’s Choice is not entering into any express or implied conditions, warranties, terms or representations about any of the content of The Dog Man’s Choice website, its accuracy or completeness. The Dog Man’s Choice expressly disclaims all liability and responsibility for any direct, indirect or consequential loss or damage incurred by any user arising from any reliance placed on materials posted on the website, whether directly or indirectly, resulting from inaccuracies, defects, errors, whether typographical or otherwise, omissions, out of date information or otherwise.
13.15 The content of external internet sites that can be reached from The Dog Man’s Choice website via hyperlinks or are referring to is third-party content on which The Dog Man’s Choice has no influence and for which The Dog Man’s Choice accepts no liability or responsibility for loss or damage arising. The Dog Man’s Choice does not endorse or approve the contents of any such site and these links are provided for your information only.
13.16 All information on The Dog Man’s Choice website, all motifs, designs and logos are copyright ©, unless specifically stated otherwise. We will vigorously pursue any violation of our copyright that seeks to exploit our material for commercial gain or to misrepresent our regulatory stance.
13.17 Use of The Dog Man’s Choice website means that the user is bound by these Terms of Business.
14.1 Except in respect of death or personal injury caused by The Dog Man’s Choice’s negligence, or as expressly provided in these Conditions, The Dog Man’s Choice shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of The Dog Man’s Choice its servants or agents or otherwise) which arise out of or in connection with the provision of the Service and the entire liability of The Dog Man’s Choice under or in connection with the Contract shall not exceed the amount of The Dog Man’s Choice’s charges for the provision of Services except as expressly provided in these Conditions.
14.2 Neither The Dog Man’s Choice nor the Customer shall be in breach of this Contract if the provision of services are delayed or cancelled or reduced through any circumstances that are beyond the defaulting party’s reasonable control. The Dog Man’s Choice and the Customer agree to give written notice forthwith to the other on becoming aware of an event of force majeure, such notice to contain details of the circumstances giving rise to that event and its expected duration (see clause 7).
14.3 The Customer shall indemnify and hold harmless The Dog Man’s Choice, its directors, officers, agents and employees against all claims arising from any breach of the Customer’s obligations under this Contract.
15.1 If we fail, at any time during the term of this Contract, to insist upon strict performance of any of your obligations, or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
15.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
15.3 No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
16.1 These Terms and Conditions shall apply to the Contract and supersede all prior discussions, correspondence and presentations.
16.2 These Terms and Conditions may not be varied except by the written agreement of The Dog Man’s Choice.
16.3 The Dog Man’s Choice reserves the right to amend the content of any Service without notice to the Customer where it is considered by The Dog Man’s Choice that this does not fundamentally alter the content of the Service.
16.4 We reserve the right to revise and amend these Terms and Conditions from time to time and any such changes will be communicated on The Dog Man’s Choice website. You will be subject to the policies and the Terms and Conditions in force at the time that you entered into your Contract with us, unless any change to those policies or the Terms and Conditions is required to be made by law or governmental authority, or if we notify you of the change to those policies or these Terms and Conditions before the Training Course (in which case we have the right to assume that you have accepted the change to the Terms and Conditions, unless you notify us to the contrary). If you do not wish to accept the new Terms and Conditions, you should not continue to use The Dog Man’s Choice website. If you continue to use The Dog Man’s Choice website after the date on which the changes come into effect, your use of the website indicates your agreement to be bound by the new Terms and Conditions.
16.5 These Terms and Conditions govern the entire trading relationship between ourselves and you and will remain in force for the duration of our contractual relationship.
- Law of England
For all legal relationships between The Dog Man’s Choice and the Customer, the law of England and Wales shall apply.
- Third party rights
A person who is not a party to these Terms and Conditions or any Contract between us shall have no right to enforce any term of the Terms and Conditions and/or any and/or all Contracts between us under the Contracts (Rights of Third Parties) Act 1999.
If a provision of this Contract is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision of this Contract.
We recognise the importance of service and set ourselves exacting standards. Should there be an occasion when we do not meet your expectations we are equally committed to dealing with any complaint in a thorough and professional manner. If you wish to make a complaint you can do so by sending an email to info@thedogman.