Terms and Conditions
1. The Contract
1.1
These Terms and Conditions govern the supply of goods and services sold by Top DOg Petwear (referred to in these terms as ‘we’ and ‘us’) to the customer (referred to as ‘you’). These terms constitute the entire and only agreement between us in relation thereto.
1.2
All orders placed are subject to acceptance by us, by delivery of the goods to you at which point a legally binding contract is constituted between us. The processing of your payment and acknowledgment of your order does not constitute legal acceptance of your order.
2. Price & Payment
2.1
The price payable for the goods you order is as set out on our web site at the time you place your order. Any additional charges for carriage and insurance, along with any discounts or optional extras, are as stated on the checkout page of the website.
2.2
It is possible that, very occasionally, an error may occur with our web site and goods may be incorrectly priced. In these circumstances we are not obliged to supply the goods at the incorrect price. In this event we will advise you of any pricing errors and offer the options of canceling the order, adjusting payment or choosing an alternative product.
2.3
We must receive payment for the whole of the price of the goods you order, and any applicable charges for carriage, before your order can be processed. The only exceptions will be if we have agreed other terms, in advance, in writing.
2.4
If you pay by cheque, we reserve the right to allow the cheque to clear before delivering your goods. If paying by cheque, you must provide a valid cheque guarantee card number.
3. Delivery & Title of Goods
3.1
Unless you have arranged in advance a time and date to order and collect the goods from our shop in Scarborough, we will deliver the goods in accordance with your order.
3.2
Title on the goods will remain with us until full payment is received in respect of those goods.
4. Availability
While we endeavour to hold sufficient stock to meet all orders, and allow sufficient lead times for restocking in the event of selling out, if we have insufficient stock to deliver the goods ordered and paid for by you, we may, at our discretion, deliver a substituted product or refund you the price paid for such goods as soon as possible, and in any case within 30 days. If we are going to supply a substitute product we will always notify you in advance in order to avoid any disappointment.
5. Cancellation & Returns
5.1
At any time prior to the goods being dispatched, you may cancel your order by phone, mail, fax or email. If we have not despatched your order you can change the size or colour options; we can change delivery details; we can cancel items from you order or we can cancel your entire order.
Please note that, if cancellation occurs after the goods have been dispatched and we are unable to recall the delivery, it may be necessary for you to return the goods to us at your own cost.
5.2
Items can be returned within 14 days of receipt so long as they are returned in an unused condition and in their original packaging. If your items are returned after14 days we will issue you with a credit note. Returned goods should be returned by recorded or registered post addressed to our address, as we cannot be held responsible for losses in the postal system.
If you want to exchange your item a £3.00 fee will be required for Postage and Packing.
If your item is faulty, you will be offered a full refund or a replacement. Please note that postage costs are not refundable. Please also note that toys and seasonal items are not returnable. We strongly recommend that all toys, and particularly those that contain squeaks, should be given to pets only under supervision.
6. Liability
6.1
If you have notified us of a problem with the goods within 30 days of delivery, we will (subject to clause 4) either make good any shortage or non-delivery; replace or repair any goods that are damaged or defective upon delivery; or refund to you the amount paid by you for the goods in question.
6.2
We will not be liable to you for any loss of profits, administrative inconvenience, disappointment, indirect or consequential loss or damage arising out of any problem in relation to the goods and we shall have no liability to pay any money to you by way of compensation other than any refund we make under these conditions.
7. Force Majeure
We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder that is caused by any event or circumstance beyond our reasonable control (including, without limitation, strikes, lockouts and other industrial disputes).
8. General
If any part of these conditions is invalid, illegal or unenforceable (including any provision in which we exclude our liability to you) the validity, legality or enforceability of any other part of these conditions will not be affected. This contract shall be governed by and interpreted in accordance with English law.