Terms & Conditions
AGREED TERMS & CONDITIONS OF ONLINE SALES
1. About us
1.1 Company details. INTERPET LIMITED (company number 05021265) (we and us), is a company registered in England and Wales and our main trading address and registered office is at Interpet House, Vincent Lane, Dorking, Surrey RH4 3YX. Our VAT number is GB 826 750 515. We operate the website www.interpetcentral.com.
1.2 Contacting us. To contact us telephone our customer service team at 01306 881033 or email [email protected]. How to give us formal notice of any matter under the Contract is set out in clause 18.1.
2. Our contract with you
2.1 Our contract. These terms and conditions (Terms) apply to the order by you and supply of goods by us to you (Contract). No other terms are implied by trade, custom, practice or course of dealing.
2.2 Entire agreement. The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
2.3 Language. These Terms and the Contract are made only in the English language.
3. Placing an order and its acceptance
3.1 Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the goods specified in the order (Goods) subject to these Terms.
3.2 Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
3.3 After you place an order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 3.4.
3.4 Our acceptance of your order takes place when we dispatch your order, at which point the Contract between you and us will come into existence.
4. Our goods
4.1 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 your computer's display of the colours accurately reflect the colour of the Goods. The colour of your Goods may vary slightly from those images.
4.2 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our website have a reasonable % tolerance.
4.3 The packaging of your Goods may vary from that shown on images on our website.
5. Return and refund
5.1 All returns of Goods must comply with our Returns Policy as shown in Schedule 1.
5.2 You may cancel the Contract and receive a refund if, before we dispatch your order, you notify us as set out in clause 5.3 of your decision to cancel the Contract.
5.3 To cancel the Contract, you must contact either our customer service team at 01306 881033 or email [email protected].
5.4 If you have returned the Goods to us because they are faulty or mis-described, subject to clause 12.4, we will, at our option, repair or replace the defective Goods, or refund the price of the defective Goods. You must return the Goods to us, at your cost, and in any event not later than 7 working days after the day on which you told us they were faulty or mis-described. The Goods being returned to us under this clause 5.4 will be at your risk until unloaded at our agreed return address.
6.1 Subject to clause 6.2, we will deliver your order within 5 working days after the date of receiving your order. If requested we will contact you with an estimated delivery date. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 17 (Events outside our control) for our responsibilities when this happens.
6.2 If agreed in advance, the Goods will be delivered on an ex works basis and we will contact you to arrange a mutually convenient collection date.
6.3 Delivery is complete once the Goods have been unloaded at the address for delivery set out in your order or once collected if being supplied on an ex works basis, as the case may be.
6.4 If we fail to deliver the Goods, our liability is limited to the cost of obtaining replacement goods of a similar description and quality in the cheapest market available, less the price of the Goods. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of goods.
6.5 If you fail to take delivery within 10 days after the day on which we notified you that the Goods were ready for delivery, we may resell part of, or all the Goods and after deducting any reasonable storage and selling costs, account to you for any excess over the price of the Goods or charge you for any shortfall below the price of the Goods.
7. International delivery
7.1 We do not deliver to International Delivery Destinations but are able to provide Goods on an ex works basis to many countries for collection from our Northampton Distribution Centre. Additionally, there are restrictions on some Goods for certain International Delivery Destinations, so please contact our export department on 01306 881033 or [email protected] before ordering Goods if this clause 7.1 applies.
7.2 If you order Goods from our website for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
7.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
7.4 You must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable or responsible if you break any such law.
8. Title and risk
8.1 Risk in the Goods shall pass to you once delivered pursuant to clause 6.3.
8.2 You own the Goods once the earlier of the following occurs:
(a) we have received payment in full, including for all applicable delivery charges; and
(b) you resell the Goods, in which case you will own the Goods at the time specified in clause 8.4.
8.3 Until you own the Goods, you must:
(a) not remove, deface or obscure any identifying mark or packaging on or relating to the Goods; and
(b) maintain the Goods in satisfactory condition and keep them insured for their full price against all risks.
8.4 Subject to clause 8.5, you may resell the Goods in the ordinary course of your business (but not otherwise) before you have paid for them. However, if you resell the Goods before that time, title to the Goods shall pass from us to you immediately before the time at which resale occurs.
8.5 If before you own the Goods you become subject to any of the events listed in clause 16 (Termination), then, without limiting any other right or remedy we may have:
(a) your right to resell the Goods ceases immediately; and
(b) we may at any time:
(i) require you to deliver up all the Goods in your possession that have not been resold; and
(ii) if you fail to do so promptly, enter any premises of yours or of any third party where the relevant Goods are stored to recover them.
9. Price of goods and delivery charges
9.1 The prices of the Goods will be as quoted on our website at the time you submit your order. We take all reasonable care to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system. However, please see clause 9.5 for what happens if we discover an error in the price of Goods you ordered.
9.2 Prices for our Goods may change from time to time, but changes will not affect any order you have already placed.
9.3 The price of Goods excludes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect.
9.4 The price of the Goods does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. If your order is above our minimum order value then delivery charges will be waived. If you order is below the minimum order value then a delivery charge will be added based upon the volume of products ordered, with larger items being more costly to deliver than smaller items.
9.5 We sell a large number of Goods through our website. It is always possible that, despite our reasonable best efforts, some of the Goods on our website may be incorrectly priced. If we discover an error in the price of the Goods you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Goods at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. If we mistakenly 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 cancel supply of the Goods and refund you any sums you have paid.
10. How to pay
10.1 The provision of a credit account is at our absolute discretion and please contact us for further details if you require one (Credit Account). You are able to apply for a Credit Account through our website. All Credit Accounts are subject to our Credit Account Terms set out in Schedule 2.
10.2 When you must pay for Goods depends on the methods of payment:
(a) If you do not have a Credit Account with us, you must pay for the Goods when you place the order using Worldpay on our website. The Worldpay facility is only available for customers who do not have a credit facility.
(b) If you do have a Credit Account with us, your order will be added to your Credit Account provided you have not reached your credit limit. If you need to make a payment as you have reached your credit limit please contact 01306 881033 to arrange payment.
11. Manufacturer's guarantee
Some of the Goods we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Goods.
12. Our warranty for the goods
12.1 The Goods are intended for use only in the UK. We do not warrant that the Goods comply with the laws, regulations or standards outside the UK.
12.2 We provide a warranty that on delivery the Goods shall:
(a) subject to clause 4 (Our goods), conform with their description;
(b) be free from material defects in design, material and workmanship;
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit for any purpose held out by us.
12.3 Subject to clause 12.4, if:
(a) you give us notice in writing within 24 hours of delivery that some or all of the Goods do not comply with the warranty set out in clause 12.1 and you mark the carrier’s consignment note “damaged” which you also sign;
(b) we are given a reasonable opportunity of examining the Goods; and
(c) if we ask you to do so, you return the Goods to us at your cost,
we will, at our option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
12.4 We will not be liable for breach of the warranty set out in clause 12.2 if:
(a) you make any further use of the Goods after giving notice to us under clause 12.3;
(b) the defect arises because you failed to follow our written instructions (including any shown on our website) as to storage, installation, use and maintenance of the Goods or (if there are none) good trade practice regarding the same;
(c) the defect arises as a result of us following any drawing, design or specification supplied by you;
(d) you alter or repair the Goods without our written consent;
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
(f) the Goods differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
12.5 We will only be liable to you for the Goods' failure to comply with the warranty set out in clause 12.2 to the extent set out in this clause 12.
12.6 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
12.7 These Terms also apply to any repaired or replacement Goods supplied by us to you.
13. Our liability: your attention is particularly drawn to this clause
13.1 This clause 13 sets out our entire financial liability for:
(a) any breach of the Terms however arising;
(b) any use made or resale of the Goods by you; and
(c) any representation, statement or tortious act or omission (including negligence) occurring under the Contract.
13.2 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) any other liability that cannot be limited or excluded by law.
13.3 Subject to clause 13.2, we will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss of business opportunity;
(c) loss of goodwill; or
(d) any indirect or consequential loss.
13.4 Subject to clause 13.2 and clause 13.3, our total liability to you for all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will in no circumstances exceed 10% of the price of the Goods.
13.5 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.
13.6 Nothing in these Terms shall limit or affect the exclusions or limitations set out in our Website Terms and Conditions of Use
14. Your obligations on resale
On your resale of the Goods, you will sell the Goods in materially the same condition as they were when sold to you and in particular all labels, capsules, seals, corks, stoppers, tape and packaging must remain intact and not be tampered with or altered in anyway.
15. Promotional offers
From time to time we may make promotional offers which will always be subject to availability and these Terms. We reserve the right to withdraw any promotional offer without prior notice.
16.1 Without limiting any of our other rights, we may suspend the supply or delivery of the Goods to you, or terminate the Contract with immediate effect by giving written notice to you if:
(a) you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 5 days of you being notified in writing to do so;
(b) you fail to pay any amount due under the Contract on the due date for payment;
(c) you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
(d) you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
(e) your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
16.2 Termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination.
16.3 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
17. Events outside our control
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
17.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
17.3 You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Goods you have already received and we will refund the price you have paid, including any delivery charges.
18. Communications between us
18.1 When we refer to "in writing" in these Terms, this includes email.
18.2 Any notice or other communication given under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.
18.3 A notice or other communication is deemed to have been received:
(a) if delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address;
(b) if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
(c) if sent by email, at 9.00 am the next working day after transmission.
18.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
18.5 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
19.1 Assignment and transfer.
(a) We may assign or transfer our rights and obligations under the Contract to another entity but will always notify you in writing or by posting on this webpage if this happens.
(b) You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
19.2 Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
19.3 Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
19.4 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
19.5 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
19.6 Governing law and jurisdiction. This Contract is governed by English law and each party irrevocably agrees to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the English courts.
Schedule 1 Returns Policy
1. In order for Goods to be deemed validly returned by you to us for the purposes of the Contract, the Goods:
(a) must be returned by you to our agreed return address;
(b) will be returned at your cost;
(c) will be returned at your risk until unloaded at our agreed return address; and
(d) must be signed for and inspected by us upon return delivery.
2. Should Goods be found to be damaged upon visual inspection at time of delivery, they must be signed for as “damaged” on delivery. We must be notified of the damage within 24 hours of the delivery time. Where possible sufficient proof must be supplied showing that the delivery was received in the condition that it is being described as.
3. If Goods should be found to be damaged upon unpacking, we must be informed within 48 hours of the delivery time. You must provide the product code(s) relating to the Goods, together with their description and details of the damages, incorrect quantities or items delivered.
4. If you fail to comply with the notification times outlined above in paragraphs 2 and 3 of this Schedule 1, then the Goods delivered will be deemed to be in accordance with the Terms and you must then accept and pay for the Goods and all claims of shortage, damage or other interference pertaining to the delivery shall not be accepted by us.
5. We must be given reasonable time and opportunity following such a complaint to be able to investigate or examine the Goods which you claim are damaged or defective. The Goods must be made available for us to inspect either having been returned to our premises or inspected on your premises by a representative of ours.
6. We shall not in any instance be liable for damages brought upon Goods due to the nature in which it has been stored or handled by you or any of your employees or affiliates.
7. All Goods returned as faulty will be tested by us. Goods which are returned as faulty and subsequently found to be in working order will be subject to an initial 20% handling charge. If a recurrence occurs, invoices may be reissued for Goods found to be in working order.
8. Goods returned to us without prior correspondence with us will not be credited.
9. We will only accept Goods returned under warranty or guarantee if there is proof that the Goods are still under the warranty or guarantee and there has been no breach of clause 12.4.
10. If a collection of Goods which are resalable is arranged by us, it is your responsibility to ensure that the Goods being returned are packed to a suitable standard (as they were delivered), to ensure that no damages occur in transit. If such Goods are not packed adequately and damages occur making the Goods unsaleable, the price of the damaged Goods will be deducted from either your credit value or an additional invoice may be issued.
11. Once a collection of Goods has been arranged, failure to provide the Goods to the courier on the selected date/time will result in you being liable for a £5 charge payable to us.
12. All electrical returns must have a completed Electrical Returns Form RN11 attached, which has a signature from one of our Area Sales Managers.
Schedule 2 Credit Account Terms
1. Any offer of trade credit by us to you will be subject to us receiving and approving a completed credit account form (Credit Account Form) together with such other information as we may request and such additional conditions as specified by us to you in writing.
2. Your signature of the Credit Account Form signifies your wish to enter into a contract for credit with us. On receipt of your completed Credit Account Form we will review your application and subject to our approval to offer you with a Credit Account, we will confirm our acceptance of your application for a Credit Account in writing.
3. We will send you a statement of your Credit Account at the end of each month, listing all unpaid invoices and any outstanding credit notes or unallocated payments. All unpaid invoices must be paid in full by the last working day of the month following the month the invoice was dated. Failure to receive payment by this date may result in us cancelling or suspending your credit facilities.
4. If a query or dispute on a particular invoice or invoices remains unresolved, we may agree to allow further time in order to settle this. However, this remains strictly at our discretion and is only on the understanding that you pay all other invoices due which are not under query.
5. If you fail to make any payment due to us on your Credit Account by the due date for payment, then we may suspend your Credit Account and charge you interest on the overdue amount at the rate of 8% per annum above the Bank of England’s base rate. The interest will accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. You must then pay the interest together with the overdue amount, together with all reasonable debt recovery costs incurred by us.
6. If we suspend your Credit Account due to non payment, further orders for Goods will not be dispatched unless all outstanding sums have been paid in full.
7. At our discretion, after reasonable attempts by other means, we may refer overdue Credit Accounts to a debt collection agency for resolution. We have a robust debt collection process and our credit controllers will make contact with you to try to resolve any issues in good time.