1 These terms
1.1 What these terms cover.
These are the terms and conditions on which we supply services to you, whether these are services or digital content.
1.2 Why you should read them.
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide services 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.
2 Information about us and how to contact us
2.1 Who we are.
We are VetsDirect Limited a company registered in Scotland. Our company registration number is SC230445 and our registered office is at 4 Atlantic Quay, 70 York Street, Glasgow. Our registered VAT number is 829754974
2.2 How to contact us.
You can contact us by writing to us at email@example.com or Vetsdirect Limited, Dorset House, Regent Park, 297 Kingston Road, Leatherhead, Surrey, KT22 7PL
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 Our contract with you
3.1 How we will accept your request.
Our acceptance of your request will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your request.
If we are unable to accept your request, we will inform you of this in writing and will not charge you for the request. This might be 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 service or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number.
We will assign a request number to your request and tell you what it is when we accept your request. It will help us if you can tell us the request number whenever you contact us about your request.
3.4 We only sell to the UK.
Our website is solely for the promotion of our services in the UK. Unfortunately, we do not accept requests from addresses outside the UK.
4 Your rights to make changes
If you wish to make a change to the request you have placed please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the service, 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. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 7- Your rights to end the contract).
5 Our rights to make changes
5.1 Minor changes to the services.
We may change the services:
to reflect changes in any relevant laws and regulatory requirements; and
to implement minor technical adjustments and improvements, for example to address a security threat.
5.2 More significant changes to the services and these terms.
In addition, as we informed you in the description of the services on our website, we may make the following changes to these terms or the services, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any services paid for but not received.
6 Providing the services
6.1 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 services to you. If so, this will have been stated in the description of the services on our website. For avoidance of doubt, this information will include your name, address, email address, phone number, pet details (name, breed, concern) and confirmation of payment for the services. 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 services 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.
6.2 Reasons we may suspend the supply of services to you.
We may have to suspend the supply of a service to:
deal with technical problems or make minor technical changes;
update the service to reflect changes in relevant laws and regulatory requirements;
make changes to the service as requested by you or notified by us to you (see clause 5).
6.3 Your rights if we suspend the supply of services.
We will contact you in advance to tell you we will be suspending supply of the service, unless the problem is urgent or an emergency. If we have to suspend the service for longer than 1 month in any 1 year period we will adjust the price so that you do not pay for services while they are suspended. You may contact us to end the contract for a service if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 3 months and we will refund any sums you have paid in advance for the service in respect of the period after you end the contract.
6.4 We may also suspend supply of the services if you do not pay.
If you do not pay us for the subscription services when you are supposed to (see clause 12.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services. As well as suspending the services we can also charge you interest on your overdue payments (see clause 12.5).
7 Your rights to end the contract
7.1 You can always end your contract with us.
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
7.1.1 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;
7.1.2 If you have just changed your mind about the service, 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;
7.1.3 In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.1 or clause 8.3.
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 7.2.1 to 7.2.5 below the contract will end immediately and we will refund you in full for any services which have not been provided and you may also be entitled to compensation. The reasons are:
we have told you about an upcoming change to the service or these terms which you do not agree to (see clause 5.2);
we have told you about an error in the price or description of the service you have ordered and you do not wish to proceed;
there is a risk that supply of the services may be significantly delayed because of events outside our control;
we have suspended supply of the services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 3 months; or
you have a legal right to end the contract because of something we have done wrong.
7.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013).
For most services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8 Changing your mind.
8.1 When you don’t have the right to change your mind.
You do not have a right to change your mind in respect of services, once these have been completed, even if the cancellation period is still running
8.2 How long do I have to change my mind?
How long you have depends on what you have ordered and how it is delivered. As You have bought services, you have 14 days after the day we email you to confirm we accept your request. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
8.3 For one off services 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 do not have a right to change your mind (see clause 7.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for services not provided but we may deduct from that refund or reasonable compensation for the net costs we will incur as a result of your ending the contract
8.4 For subscription based services 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 do not have a right to change your mind (see clause 7.1), you can still end the contract before it is completed. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end the contract in these circumstances, just contact us to let us know. The minimum period for the subscription service is 12 months. The contract will not end until 1 calendar month after the day on which you contact us. You may end the subscription service early but, if you tell us you want to end the contract on 4 February we will continue to supply the service until 3 March. We reserve the right to charge for you the remaining subscription term.
9 How to end the contract with us (including if you have changed your mind)
9.1 Tell us you want to end the contract.
To end the contract with us, please let us know by doing one of the following:
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.
9.1.2 By post.
Write to us at Vetsdirect Limited, Dorset House, Regent Park, 297 Kingston Rd, Leatherhead, KT22 7PL
9.2 How we will refund you.
We will refund you the price you paid for the services, by the method you used for payment. However, we may make deductions from the price, as described below.
9.3 Deductions from refunds if you are exercising your right to change your mind.
If you are exercising your right to change your mind we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract. If the refund is payable and in respect of the subscription services you owe us money.
9.4 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. Your refund will be made within 14 days of your telling us you have changed your mind
10 Our rights to end the contract
10.1 We may end the contract if you break it.
We may end the contract for a service at any time by writing to you if:
you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment 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 services, for example, the information listed in clause 6.1
10.2 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 any one off service 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. If we end the contract in the situation set out in clause 10.1 for the subscription service we will be entitled to charge you for the remainder of the subscription period.
10.3 We may withdraw the service.
We may write to you to let you know that we are going to stop providing the service. We will let you know at least 1 month in advance of our stopping the supply of the service and will refund any sums you have paid in advance for services which will not be provided.
11 If there is a problem with the service
11.1 How to tell us about problems.
If you have any questions or complaints about the service, please write to us at email@example.com or Dorset House, Regent Park, 297 Kingston Road, Leatherhead, KT22 7PL.
11.2 Summary of your legal rights.
We are under a legal duty to supply services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the service. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
As the service is services, for example the Consumer Rights Act 2015 says:
you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
if you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
12 Price and payment
12.1 Where to find the price for the service.
The price of the service (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the service advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the service you order.
12.2 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 service, we will adjust the rate of VAT that you pay, unless you have already paid for the service in full before the change in the rate of VAT takes effect.
12.3 What happens if we got the price wrong.
It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the service’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 service’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
12.4 When you must pay and how you must pay.
We accept payment by PayPal. When you must pay depends on what service you are buying:
For one off services, you must make an advance payment of 100% of the price of the services, before we start providing them.
For subscription based services we will require payment monthly in advance for the services until the services are completed.
For the use of the Emergency Line, we accept Credit/Debit cards (as accepted by WorldPay). Payment for the use of the emergency line is as set out in clause 12.4.1.
12.5 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.
13 Our responsibility for loss or damage suffered by you
13.1 We are responsible to you for foreseeable loss and damage caused by us.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services including the right to receive services which are: as described and match information we provided to you, supplied with reasonable skill and care.
13.3 We are not liable for business losses.
We only supply the services for domestic and private use. If you use the services 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.
14 How we may use your personal information
14.1 How we will use your personal information.
We will use the personal information you provide to us:
to supply the services to you;
to process your payment for the services; and
if you agreed to this during the order process, to give you information about similar services that we provide, but you may stop receiving this at any time by contacting us.
We will only give your personal information to third parties where the law either requires or allows us to do so.
15 Other important terms
15.1 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
15.2 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 we agree to this in writing.
15.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to).
This contract is between you and us. No other person shall have any rights to enforce any of its terms. 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.
15.4 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.
15.5 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 services, we can still require you to make the payment at a later date.
15.6 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 services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.
Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
To Vetsdirect Ltd.
Dorset House, Regent Park
297 Kingston Road
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
© Crown copyright 2013.