Terms

Terms

We are petTracer Limited (UK registration number: 11598389) of trading as “petTracer”.

Please read these terms carefully. They apply to your use of our website, petTracer.co.uk (“Website”); any purchases you make via our Website; or any products you seek to return. These terms tell you who we are, how we will provide products to you, how you and we may change the contract, what to do if there is a problem and other important information. If you have any questions, please contact us by emailing us at [email protected]

General

1.1 For the purpose of these terms, the following words shall have the following definitions:

1.1.1 ‘we’, ‘us’ or ‘our’ refers to petTracer Limited;

1.1.2 ‘you’ or ‘your’ refers to the person using our Website to buy Products from us;

1.1.3 ‘Parties’ refers to both petTracer Limited and you;

1.1.4 ‘Product’ or ‘Products’ refers to any petTracer product be this the collar, HomeStation or others.

1.2 By accessing our Website or purchasing Products on it, you agree to be legally bound by these Terms and any documents referred to therein. Our Privacy Policy, delivery information, returns policy (as detailed on our Website) and the information contained in our post-order correspondence with you, all form part of the contract for sale between the Parties as though set out in full here.

1.3 You may only buy Products from our Website for non-business reasons. If you want to buy our Products for your business, you should contact us on the details at the bottom of these terms to discuss our business to business terms.

1.4 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 when ordering.

1.5 Headings in these Terms are for illustrative purposes only and will not affect the interpretation of these Terms.

Ordering Products from us

2.1 When placing an order on our Website, please read and check the details carefully before submitting it. You have the right to review and amend your details prior to concluding the contract. Although we may be able to amend your order details after your order has been made, we are under no obligation to do so.

2.2. When the checkout process has been completed and the order is placed, you will receive an email acknowledgement that your order has been received. This acknowledgement does not amount to our acceptance of your offer to buy.

2.3 We may contact you to say that we do not accept your offer. This will generally be for reasons which include, but are not limited to, the following.

(i) the Products are unavailable;

(ii) we cannot authorise your payment, for fraud/security reasons or otherwise;

(iii) you are not allowed to buy the Products from us;

(iv) we are not allowed to sell the Products to you;

(v) you have ordered too many Products;

(vi) there has been a mistake on the pricing or description of the Products (where permissible under applicable law)

2.3 We reserve the right to refuse to sell any Product to any person. In the unlikely event that we do this, we will notify you within a reasonable period and not charge you for the Product. We will not refuse to sell a Product to an individual without a good reason.

2.3 We require certain information from you so that we can supply Products to you, including without limitation, your address, email address and phone number. If you supply incomplete or incorrect information or do not supply the necessary information within a reasonable time of us asking for it, we may end the contract. We will not be responsible for supplying the Products late if this is caused by you giving us incomplete or incorrect information or failing to provide the necessary information within a reasonable time of us requesting it.

2.4 A legally binding contract will only exist between the Parties where we have received payment in full and you have received a shipping confirmation email. At this point, the contract is active and we will make arrangements to dispatch the Products to your stipulated delivery address, provided your order clears our fraud check process. We will also provide you with an order number. It will help us if you can tell us your order number whenever you contact us about your order.

Payment

3.1 We accept payment via credit cards and debit cards via Paypal. We do not accept cash payments.

3.2 We will take all reasonable steps to ensure all the information provided by you during payment is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, we will not be liable for any loss that you may incur in the unlikely event that a third party gains unauthorised access to any information you provide to us.

3.3 Where you have paid by credit or debit card, the card will be charged at the time your payment is approved by us. However, all payments by credit card or debit card must subsequently be authorised by the relevant card issuer. There will be no surcharge where you pay by credit or debit card.

3.4 If you have paid for Products which we cannot supply we will refund you as soon as possible and in any event within 14 days of receipt of payment.

3.5 The price of the Products listed are payable in pounds sterling (£)(GBP) for Products purchased in the UK.

3.6 The use of the petTracer portal through our subscription is paid in Swiss francs (CHF) to Pet Tracer AG.

3.9 The price includes any applicable taxes at the applicable rate.

3.10 It is always possible that, despite our best efforts, a Product may be incorrectly priced. If the Products 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 paid and require the return of the Products.

Discount Codes and Promotions

4.1 Any discount code offered by us in relation to our products is offered on the basis of goodwill and we reserve the right to refuse to apply any discount code at our discretion.

4.2 Without prejudice to clause 4.1, a discount code will not be applied in circumstances which include, but are not limited to, the following.

4.2.1  Where a discount has already been applied to the purchase order (including in the case of a Product bundle). For the avoidance of doubt, we will not apply more than one discount per order (a Product bundle constituting one discount).

4.2.2 where the expiry date, as specified in the material accompanying the discount code, has passed; or

4.2.3 where the order has already been placed and payment has been received.

4.2.4 Discount codes are not transferable to any other person and are not redeemable for cash or credit.

Delivery

5.1 Standard delivery of petTracer Products within the UK is charged at £5. For Delivery to the Channel Islands and rest of the world the fee is different and will be offered on an individual basis.

5.2 Claims should be made directly to us by emailing [email protected]

5.3 If you want us to deliver to a different address you should notify us by email or telephone. In such an event, we make no guarantee that we will be able to change the delivery address in time for the Product to be delivered to the changed address.

5.4 Changing your delivery address after the contract exists may cause your order to be delayed as we may, at our discretion, require extra fraud/security checks.

5.5 In the unlikely event that something outside of our control affects the estimated date of delivery, we will notify you of the revised estimated date for delivery of the Products as soon as possible. We will take all reasonable steps to minimise the impact of such delay and provided we do this, we will not be liable for delays caused by events which are outside our control. Nothing in this clause affects your legal rights to cancel the contract.

5.5 We reserve the right to use a courier of our choice. Deliveries are processed within 24h working hours and despatched with a courier of our choice with a 48h service.

5.6 Delivery will be effective from the time that the products are delivered to the address provided by you in the ordering process.

5.7 The person[s] executing delivery will not ask the recipient of the delivery for any form of ID and will not make any other attempt to verify that the recipient is you or a person authorised by you to accept delivery of the Products. For this reason, we advise that you are present during the time of delivery to ensure that you receive the Product directly.

5.8 Unless otherwise mutually agreed, if we cannot deliver your Products within 14 days of the date you requested, we will notify you by email; cancel your order and give you a full refund.

5.9 We accept no liability for any consequential losses incurred in relation to you waiting for a delivery (including, but not limited to, time taken off work to wait for a delivery, whether or not the delivery occurs).

Changes to the Contract

6.1 If you wish to change the Product you have ordered, 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 Product, the timing of supply or any other necessary information which results from your requested change and ask you to confirm whether you wish to go ahead with the change.

6.2 We may make minor changes to the Product to reflect changes in relevant laws and regulatory requirements.

6.3 If we have to make significant changes to the Products or these Terms, 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 Products paid for but not received.

Right to cancel and return

7.1 As a statutory minimum you have the right to cancel any contract for sale with us and return any Products within 14 days of delivery of those Products without giving any reason.

7.2 Should you wish to return one of our products. The Product must remain ‘as delivered’ and, where possible, in its original packaging. In accordance with Section 28(3)(a) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, we consider that these products are not suitable for return where they have been used on an animal due to hygiene reasons and, or when they show any signs of wear. As such, we reserve the right to refuse any collar which cannot be resold.

7.3 Alternatively, we may, in accordance with Section 34(9) of the Consumer Contract (Information, Cancellation and Additional Charges) Regulations 2013, deduct any value lost as a result of your unreasonable handling  the Product (i.e. any use beyond what is necessary to establish their nature, characteristics and functioning). In the event that 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, we will require you to pay an appropriate amount for the value lost.

7.4 To exercise your right to cancel, you must clearly notify us of your intention to cancel within 14 days of the date of delivery by email, phone or in writing; or by completing and returning the model cancellation form set out at the end of these terms. Such a notice should include: your name; address; order number; date of order; date that your product was received.

7.5 Following a notice of your intention to cancel, a delivery address will be provided and the Product must be sent back to us not longer than 7 days after the initial 14 days. Failure to arrange delivery may, save any exceptional circumstances (which must be communicated to us, and acceptance of same being subject to our discretion), invalidate your right to cancel the contract.

7.6 Any return of petTracer Products; whether pursuant to your statutory rights; may only be made in the territory in which the Products were delivered and to the address given ad per 7.5.

7.7 Where you return a product which is not in a returnable condition in line with clause 7.2, we will, upon your request, send that Product back to you, the expense for such return will be borne by you. If you fail to communicate with us to coordinate this within 30 days we may dispose of any such Product responsibly but you will be liable for any unpaid subscription still remaining.

Effects of Cancellation

8.1 If you cancel your contract for sale of a Product in accordance with clauses 7 (under your statutory rights), subject to these terms, we will refund to you all payments received from you in relation to the contract, including the costs of delivery.

8.2 We will refund you without undue delay, and not later than:

8.2.1 14 days after the day we received back from you any Products supplied,

8.3 We will make the reimbursement using the same means of payment you used for the initial transaction, unless expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement save those specified in clause 8.1.

Nature of the Products

9.1 Consumer Rights law requires that, as a statutory minimum, Products supplied to you must:

(i) be of satisfactory quality;

(ii) be fit for purpose;

(iii) match the description, sample or model.

9.2 We undertake to ensure that all Products we provide meet, if not exceed, your basic consumer rights.

9.3 Any Products supplied to you at discount prices; as remnants or as substandard will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.

9.4 Our Products may vary slightly from their pictures. The images of the Products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Products.

9.5 The packaging of the Product may vary slightly from that shown in images on our website.

Faulty Products

10.1 Should your product exhibit defects during its expected lifespan, you are entitled to:

(i) a full refund within 30 days of purchasing the Product;

(ii) a replacement or repair within 6 months of purchasing the Product. If this is not possible, then you will be entitled to a full refund; or

(iii) if the Products do not last a reasonable length of time, you may be entitled to some money back within 6 years upon inspection of the fault.

10.2 Nothing in this contract affects your statutory rights. You may also have other rights in law.

10.3 For more detailed information on these rights and what you should expect from us, please visit our FAQ’s web page; contact us using the contact details at the bottom of this page or, if you are a UK customer, visit the Citizens Advice website www.citizensadvice.uk or call 03454 04 05 06

Guarantees

11.1 petTracer guarantees to replace any collar which exhibits a material defect within 1 year of the delivery date, subject to the full terms set out here.

11.2 petTracer guarantees to replace any HomeStation which exhibits a material defect within 1 years of the delivery date subject to the full terms set out here.

End of the contract

12.1 Termination of this contract will not affect our right to receive any money which you owe to us under this contract.

12.2 Save specific exceptions, we are not legally responsible for any losses that:

12.2.1 were not foreseeable to the Parties when the contract was formed;

12.2.2 were not caused by any breach on our part;

12.2.3 are business losses; or

12.2.4 are losses to non-consumers.

12.3 For the avoidance of doubt, nothing in clause 13.2 limits our liability for death or personal injury caused by our negligence or the negligence of our employees; for fraud or fraudulent misrepresentation; for breach of your legal rights or in any other circumstances where it would be unlawful to do so.

Disputes

13.1 We will try to resolve any disputes with you quickly and efficiently.

13.2 If you are unhappy with any Products supplied; your customer experience or any other matter please contact us as soon as possible by email at [email protected]

13.3 If we are unable to resolve a dispute with you using our internal complaint handling procedure, we will notify you as such, and give you certain information required by law about our alternative dispute resolution (ADR) provider.

13.4 These Terms are governed by the laws of England and Wales. For residents in this jurisdiction, any dispute in relation to this contract will be heard by the courts of England and Wales.

13.5 Where you are resident in a non-UK jurisdiction, you will also benefit from the mandatory consumer protection laws afforded to you in that jurisdiction.

13.6 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.

Third party rights

14.1 No one other than a party to this contract has any right to enforce any term of this contract in accordance with the Contracts (Rights of Third Parties) Act 1999.

Intellectual Property

15.1 petTracer Limited, petTracer, and the petTracer logo are registered trademarks of Pet Tracer AG in certain jurisdictions. Our Website may also include trademarks owned by third parties – all those trademarks are the property of their respective owners.

15.2 Copyright subsists in all petTracer webpages including the images and texts featured therein.

Data Protection

16.1 we will only use your personal information as set out in our Privacy Policy: https://pettracer.co.uk/privacy

If you don’t understand any of this contract and/or want to talk to us about it, or want to discuss business to business terms, please contact us by: e-mail at [email protected]

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