TERMS AND CONDITIONS overview
Xtra Dog Training Workshop Bookings (directly with Xtra Dog Training)
Tickets you purchase are for personal use. Except as we may agree, you and your party must not re-sell or transfer (or seek to re-sell or transfer) the tickets in breach of the applicable terms. A breach of this condition will entitle Us to cancel the tickets without prior notification, refund, compensation or liability.
In addition to the ticket price, your order may require payment of a booking fee per ticket, transaction fees per order and/or other supplementary fees which may apply to the event.
An order for tickets is not complete until accepted by us. We try to ensure all prices are accurate, but errors may occur. If we discover an error in the price of tickets you have ordered we will inform you as soon as possible and we may either cancel the order (in which case you will be refunded the ticket price and any booking, transaction or supplementary fees you have paid) or give you the option of confirming your order at the correct price.
Delivery and collection
Tickets will be despatched to you electronically at time of booking.
Always check your tickets upon receipt and advise us promptly of any errors. Mistakes when ordering cannot always be corrected, and any corrections are discretionary.
Transferring an in-person-event to a Live-Stream event
If for reasons beyond our control we are not able to present an event in-person e.g. the venue is no longer available, a pandemic – local or national lockdown, the organiser has the right to offer the event as a Live Stream event on Zoom or a similar platform. Should this be necessary we will not offer refunds for tickets booked onto the event. At the discretion of the organiser we may offer a voucher to attend an alternative in-person event
Cancellation Rights and Refunds
Tickets cannot be transferred, exchanged, or refunded once purchased other than for the reasons set out in these terms and conditions.
You are not permitted to purchase tickets for resale, but may pass tickets on at cost price if you become unable to attend the event
Cancellation, change or postponement of an event
If an event is rescheduled, we will give you the option of either retaining or exchanging your tickets for the new date/location, or alternatively claiming a refund. If an event is canceled you will be offered a refund.
Photography and Filming
1. . At in-person events we will sometimes take photographs and film some or all of the event. This footage may be used for promotional or educational purposes, if you would prefer not to be photographed or filmed, please inform the instructor or their assistant when attending the course.
2. On Live-stream events, the course will be recorded and may be used for educational or promotional purposes. if you would prefer not to be recorded please do not join the course using a webcam.
Xtra Dog Training External Bookings
If you are interested in booking Xtra Dog Training to run a workshop for you at your venue for your staff / clients / friends / club / group then these are the terms and conditions that apply to you.
Thank you for your interest in booking Xtra Dog Training for a workshop or training course. This agreement sets out the terms and conditions under which we run workshops with other trainers, organisations or companies.
1. Definitions and Interpretation
1.1 In this Agreement, unless the context otherwise requires, the following expressions have the following meanings: “Booking” means a booking contract (made as set out in this Agreement) for a Workshop or Training Course; “Booking Form means the booking form made available by Us to You containing details of the particular Workshop and the Event, including the start and finish times of the Workshop; or the Booking details and confirmation in writing between us; “Business” means any business, trade, craft, or profession carried on by You or any other person/organisation; “Business Day” means Monday to Friday inclusive excluding bank and public holidays in England; “Business Client” “Data Protection Legislation” means any person who books a Workshop/Training Course wholly or mainly for the purposes of any Business; means the Data Protection Act 1998 and the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) as amended or replaced from time to time; “Deposit” means the deposit amount stated in the Booking Form, being on account of the Fees; “Event” means any event arranged by You taking place at Your Premises at which We provide the Workshop/Training; “Fees” means the total amount (calculated on the basis of Our Prices) payable for the Workshop; “Workshop/Training” means provision of a particular workshop/training course (on a date, at a time and for an agreed period of time) comprising the training of the number of people and/or dogs specified; “We/Us/Our” means, jointly and severally, all of the trainers working as part of Xtra Dog Training; “You/Your” means the person to whom We agree to provide the Workshop/Training Course; and “Your Premises” means the premises identified in the Booking Form or Booking Confirmation at which the venue for the Workshop (where We are to provide the Training) is situated being any premises which You arrange to make available for the Workshop.
1.2 Unless the context otherwise requires, each reference in this Agreement to a Clause or sub-Clause is a reference to a Clause of this Agreement; Xtra Dog Training Booking Terms & Conditions
1.3 The headings used in this Agreement are for convenience only and shall not affect the interpretation of this Agreement;
1.4 Words signifying the singular number shall include the plural and vice versa;
1.5 References to any gender shall include the other gender;
1.6 References to persons shall include corporations; and
1.7 References to “writing”, and any similar expression, includes letter by post or hand, and electronic communications whether sent by e-mail, fax, text message, or other means.
2. Booking Procedure
2.1 We will not reserve or guarantee any particular time/date slot until it is agreed in writing.
2.2 You may make a booking enquiry by phone, in writing or by completing the enquiry form on Our website outlining the Workshop/Training required and the date and place of the Event concerned. When We receive Your enquiry, We will respond to let You know provisionally whether We are able to provide the Workshop that You require on the date, at the time, and at the place required, We will also advise You of the Fees payable based on the information You have given Us, and We may ask you to complete a Booking Form which we will provide.
2.3 If You would then like to proceed to make a Booking, You must within seven Business Days after We have responded to Your enquiry, confirm the booking and fully complete and return/submit the Booking Form to Us if requested.
2.4 You are responsible for making sure that the information provided to Us or on the Booking Form is accurate and complete. If You provide Us with inaccurate or incomplete information, We will not be liable for any delay, non-performance or incorrect performance caused by Your failure to provide us with accurate and complete information.
2.5 By confirming a booking with Us, You confirm that You accept, and agree to be bound by, the terms and conditions of this Agreement.
3. Fees and Payment
3.1 You must pay the Fees for a Workshop that We fully and correctly provide to You.
3.2 You may pay Us the Fees for the Workshop using any of the following methods: 3
.2.1, BACS, CHAPS or International Bank Transfer (You are responsible for any exchange rate or transfer fees);
3.3 We may alter our prices without prior notice, but if any prices increase between the time when You make a Booking and the date of the Workshop, the price increase will not apply to You and the Fees will therefore not increase for the Workshop on that date.
3.4 All prices for a Workshop quoted are shown exclusive of VAT and VAT is not applicable.
3.5 If You state anything in the Booking Form which We were not aware of when We previously quoted the amount of Fees payable and We decide that it necessitates altering that Fee quote, We will advise You of the revised Fee amount and ask You whether You still wish to proceed. Unless You confirm in writing that You do wish to proceed and pay the revised Fee amount, We will not accept the Booking.
3.6 The fees quoted are based on a fixed daily rate and exclude expenses. Xtra Dog Training Booking Terms & Conditions
3.7 Expenses incurred by Us will be added to Our Fees. Potential expenses include but are not limited to: travel (including flights, mileage, parking, tolls, train fares, ferries and any other related travel expenses), accommodation, subsistence, payment charges, visas and work permits.
3.8 Any expenses incurred by You are Your responsibility and will have no impact on the Fees paid to Us.
4. Cancellation of the Event
4.1 If, at any time after You pay Us all Fees in advance for the Workshop, You cancel the Workshop without giving Us the prior notice that We require to be given as follows, We will be entitled to keep some or all of those Fees as follows.
4.2 You may cancel the Workshop without charge if You give Us at least 14 days prior notice of the cancellation. If You do so We will not invoice for our Fees.
4.3 If You give Us prior notice to cancel the Workshop but do not give Us at least 14 days prior notice of cancellation of the Workshop, We will be entitled to charge You for any net financial loss that We suffer due to Your cancellation. For the purpose of this sub-Clause 4.3, Our net financial loss will include any loss arising from Our declining a third party booking We could have accepted but for Our acceptance of Your Booking However, the cancellation charge will be limited to an amount equal to:
4.3.1 100% of the total Fees for the Workshop where that prior notice is less than 2 days;
4.3.2 50% of the total Fees for the Workshop where that prior notice is more than 2 days but less than 7 days;
4.3.3 25% of the total Fees for the Workshop where that prior notice is more than 7 days but less than 14 days; We will be entitled to deduct that charge from any sum(s) You paid in advance for the Workshop, and We shall refund any balance to You. Where the charge under this sub-Clause exceeds any such sum(s) paid in advance, You will be liable to pay Us the difference within 7 days after You give Us prior notice to cancel the Workshop.
4.4 We may cancel a Booking at any time before the time and date booked for the Workshop in the following circumstances:
4.4.1 An event described in sub-Clause 7 below occurs and continues for more than 7 days;
4.4.2 You have not paid all of the Fees due and payable by that time. In that case, You will remain liable to Us as if, and to the same extent as You would be liable, if You had cancelled the Booking under sub-Clause 4.3 at the time We cancel under this sub-Clause 4.4.2; If We cancel the Workshop in such circumstances We will have no liability except as follows. Where that cancellation occurs at least 14 days before the time and date booked for the Workshop, then, We will refund to You in full the Fees You have paid Us for the Workshop less any costs We have incurred which We cannot reasonably save or recover (examples of which may be, but are not limited to pre-booked travel expenses or marketing expenses).
4.5 Prices for Bookings are subject to change from time to time but We will try to give You as much prior notice as possible of any such changes.
4.6 We may immediately terminate provision of the Workshop if: Xtra Dog Training Booking Terms & Conditions 4.6.1 any act or omission or conduct of any person at the Event in Our opinion renders it unreasonable for the Workshop to continue or it amounts to Your breach of this Agreement; or 4.6.2 the venue is outdoors, and weather conditions make it unsafe, impracticable, or unsuitable to provide the Workshop outdoors and You do not have a suitable back up plan to use an indoor area at Your Premises. You will not be entitled to any refund of all or part of the Fees for the Workshop not completed as a result in such a case.
5. Further Details of Our Obligations and Rights Relating to the Event
5.1 The following will apply to each Booking in addition to all details set out in this Agreement and in the Booking Form. 5.2 We will provide the Training: 5.2.1 with reasonable skill and care; 5.2.2 in accordance with all applicable statutory and regulatory requirements; 5.2.3 in accordance with the description of the particular type of Workshop required as agreed; and 5.2.4 in a format and with content which We decide unless We specifically provide confirmation in writing before the Booking is made of any particular format and/or content in which case We will provide the Workshop in accordance with that confirmation.
5.3 We will ensure that We are covered by public liability insurance cover in the UK for the provision of the Workshop and this will be at Our expense.
5.4 You must ensure that adequate and appropriate insurance cover is in place for Workshops which take place outside of the UK and this will be at Your expense.
5.5 We will provide all equipment for the Workshop except for any items agreed as items to be provided by You.
5.6 We will be responsible for the removal of all equipment and other things which We bring to Your Premises but not for any other items or for cleaning or tidying up any part/s of Your Premises after the provision of the Workshop.
5.7 We may hand out business cards, or other promotional materials at the Workshop to any attendee who requests contact or other information.
5.8 We may sell training equipment from our range and are not required to pay to you any royalty or commission on these sales. Sales made by Us will not be taken as payment in part or whole of our Fees by You.
5.9 We will only make the Event available to a “Business Client” (as defined in Clause 1 above), and Your completion of a Booking Form or Booking Confirmation will be deemed to be Your confirmation that You are a “Business Client”.
6. Your Obligations You must ensure that:
6.1 Your Premises are safe, of sufficient size, and are otherwise suitable for the Workshop, have any necessary licenses and permissions, and have adequate security and supervision, for the purposes of the Workshop.
6.2 Your Premises are available for the Workshop on the date and time of the Event as set out in the Booking and that Your Premises are ready for Us to set up at the agreed set up time; Xtra Dog Training Booking Terms & Conditions
6.3 Where the venue at Your Premises for the Workshop is outdoors, You have a back up plan to use an indoor area at Your Premises where weather conditions make it unsafe, impracticable or unsuitable to begin or continue the Workshop outdoors;
6.4 You are present from the Arrival Time stated in the Booking Form until the end of the Event;
6.5 the venue is empty of attendees and that any PA system or other equipment which was agreed to be provided by You is available, set up and working for a period of at least 60 minutes up to the Start Time of the Workshop. You accept that, as a consequence, sound may be audible in rooms at Your Premises adjacent to the venue;
6.6 the following are available for Us at Your Premises for the purposes of the Workshop:
6.6.1 such facilities and utilities as We may reasonably require, including a power supply no more than 15 feet from Our set up location comprising two 13-amp circuit outlets from a reliable power source along the wall of the workshop area free of all other connected loads.
6.7 If You or any other person (other than Us) at Your Premises negligently causes damage to equipment or other property belonging to Us, You must reimburse Us for the cost of repairing/replacing the equipment or property up to a maximum total amount of £5,000 for all items;
6.8 You do not, and You do not permit any person at the Event to record, reproduce, or transmit from the venue, in any manner or by any means whatsoever any of Our Workshop, unless and except as We may expressly agree in writing;
7. Events Beyond Our Reasonable Control
7.1 We will not be liable for any failure or delay in performing Our obligations under the contract resulting from any cause beyond Our reasonable control.
7.2 If any event described under sub-Clause 7.1 occurs that does or is likely to adversely affect Our performance of any obligations under the contract, We will try to inform You as soon as is reasonably possible, Our obligations will be suspended when the event occurs and any time limits that We are bound by will be extended accordingly. We will inform You when that event is over and may suggest an alternative date and time when We can make the Workshop available.
8. Limitation of Liability
8.1 Nothing in this Agreement is intended to or will exclude or limit Our liability to You for:
8.1.1 death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or 8.1.2 fraud or fraudulent misrepresentation.
8.2 Subject to and except for any liability within sub-Clause 8.1, We shall not be liable whether in contract, tort (including negligence) or for breach of statutory duty, or in any other way for any of the following: 8.2.1 direct, special, indirect or consequential loss, damage, cost, expense or other claim of any of the following types, whether it is actual or anticipated: income, sales, revenue, business, business opportunity, business interruption, profit, contracts, savings, publicity, advertising, reputation, goodwill, management time, or wasted expenditure; or Xtra Dog Training Booking Terms & Conditions 8.2.2 special, indirect or consequential loss, damage, cost, expense or other claim which is not within sub-Clause 8.2.1.
8.3 Subject to and except for any liability within sub-Clause 8.1, and without prejudice to the exclusions of liability under sub-Clause 8.2, where we are liable to You for any amount(s), Our maximum liability to You whether in contract, tort (including negligence) or for breach of statutory duty or in any other way shall not in any circumstances exceed in aggregate for any and all (negligent or other) acts or omissions in connection with the contract whichever is the greater amount, either: 8.3.1 £25; or 8.3.2 an amount equal to the total Fees payable and/or paid for the Booking.
8.4 We will not be liable for any failure to provide or delay in providing a Workshop where such failure or delay is due to any cause beyond Our reasonable control.
8.5 Each of the various limitations and exclusions of liability set out in this Clause 9 shall be deemed to be cumulative.
9. Changes to Terms and Conditions We may from time to time change the terms and conditions of this Agreement without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such change.
10. How We Use Your Personal Information (Data Protection)
10.1 For the purposes of this Clause 10, “personal information” means any personal data or other personal information relating to You or any third party (including personal information relating to persons who will attend the Event).
10.2 To the extent that You provide us with any personal information, You warrant that that personal information is accurate and complete and that We will not, by processing that personal information for the sole purpose of administering the Booking and providing the Workshop, break any applicable law or regulation.
10.3 In so far as administering, arranging the Booking or providing the Workshop for You involves Us in collecting, using, or holding or otherwise processing any personal information obtained from You which is personal data, We shall only do so with Your express consent and in accordance with any lawful instructions reasonably given by You from time to time, and the provisions of the Data Protection Legislation and Your rights under that Data Protection Legislation and this Agreement.
10.4 We may use personal information as follows: 10.4.1 to administer or arrange Your Booking and the Workshop for You or to offer or provide the Workshop to You; 10.4.2 to process Your payment for the Workshop; 10.4.3 We will not pass on Your personal information to any third parties without first obtaining Your express permission.
11.1 No failure or delay by Us or You in exercising any rights under this Agreement means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of this Agreement means that We or You will waive any subsequent breach of the same or any other provision.
11.2 If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of Xtra Dog Training Booking Terms & Conditions this Agreement and the remainder of the provision in question shall not be affected.
11.3 You will not be entitled to set-off any sums in any manner from payments due to Us in respect of any claim that You may have against Us at any time under a contract or any other agreement between You and Us.
11.4 Subject to the following, the contract will be personal to the parties. Neither Party may assign, sub-contract or otherwise delegate any of its obligations under the contract without the written consent of the other party, such consent not to be unreasonably withheld. We may perform any of Our obligations under the contract through suitably qualified and skilled sub-contractors. Any act or omission of such sub-contractor shall, for the purposes of the contract, be deemed to be Our act or omission.
11.5 Nothing in this Agreement shall confer rights on any third parties and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to the contract.
11.6 Subject to Clause 11.5 above, the contract shall continue and be binding on the transferee, successors and assigns of either You or Us as required.
12. Entire Agreement
12.1 The Booking Form/Booking Confirmation and this Agreement contain the entire agreement between the parties with respect to their subject matter and may not be modified except by an instrument in writing signed by the duly authorised representatives of the parties.
12.2 Each party acknowledges that, in entering into the contract, it does not rely on any representation, warranty or other provision except as expressly provided in the Booking Form and this Agreement, and all conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
13. Law and Jurisdiction
13.1 This Agreement and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with English Law.
13.2 Any dispute, controversy, proceedings or claim between You and Us relating to this Agreement (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England
SHOP TERMS AND CONDITIONS
These Terms and Conditions, together with any and all other documents referred to herein, set out the terms under which Goods are sold by Us through this website, www.xtradog.training (“Our Site”). Please read these Terms and Conditions carefully and ensure that you understand them before ordering any Goods from Our Site. You will be required to read and accept these Terms and Conditions when ordering Goods. If you do not agree to comply with and be bound by these Terms and Conditions, you will not be able to order Goods through Our Site. These Terms and Conditions, as well as any and all Contracts are in the English language only.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
means a contract for the purchase and sale of Goods, as explained in Clause 8;
means our acceptance and confirmation of your Order;
means the goods sold by Us through Our Site;
means your order for Goods;
means Xtra Dog Training, at Kings Offices, 2 Millers Lane, Costock, Loughborough, LE12 6XJ, UK.
[back to top]
2. Information About Us
2.1 Our Site, www.xtradog.training and cetaceapublishing.com, is owned and operated by Alex Wilson at Kings Offices, 2 Millers Lane, Costock, Loughborough, LE12 6XJ, UK.
3. Access to and Use of Our Site
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4. Age Restrictions
4.1 Consumers may only purchase Goods through Our Site if they are an adult who is at least 18 years of age.
4.2 Adults may purchase products for children as long as the products purchased are intended by the manufacturer for use or consumption by children.
5. Business Customers
These Terms and Conditions do not apply to customers purchasing Goods in the course of business. If you are a business customer, please consult our Business Terms of Sale.
6. International Customers
If Goods are being ordered from outside the United Kingdom, import duties and taxes may be incurred once your Goods reach their destination. We are not responsible for such charges and We undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and We cannot guarantee that the packaging of your Goods will be free of signs of tampering. Please also be aware that United Kingdom consumer protection laws may not apply.
7. Goods, Pricing and Availability
7.1 We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods. Please note, however, the following:
7.1.1 Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;
7.1.2 Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary; and
7.1.3 Due to the nature of the Goods sold through Our Site, there may be up to a 2% variance in the size, dimensions or measurements, of those Goods between the actual Goods and the description. Please take this into account if you are at the limit (upper or lower) of any measurements.
7.2 Please note that sub-Clause 7.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not to different Goods altogether. Please refer to Clause 11 if you receive incorrect Goods (i.e. Goods that are not as described).
7.3 Where appropriate, you may be required to select the required size, model, colour, number, flavour or scent of the Goods that you are purchasing.
7.4 We neither represent nor warrant that Goods will be available. Stock indications are provided on Our Site, however such indications may not be entirely accurate and orders can cross-over (where you place an order for something in stock, but someone else gets their order in first).
7.5 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any order that you have already placed (please note sub-Clause 7.8 regarding VAT, however).
7.6 All prices are checked by Us when We process your Order. In the unlikely event that We have shown incorrect pricing information, please note the following:
7.6.1 We will contact you in writing before proceeding with your Order to inform you of the mistake and to ask you how you wish to proceed. We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part thereof). We will not proceed with processing your Order until you respond. If We do not receive a response from you within 21 days, We will treat your Order as cancelled and notify you of the same in writing.
7.7 In the event that the price of Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
7.8 All prices on Our Site exclude VAT.
7.9 Delivery charges are not included in the price of Goods on Our Site. For more information on delivery charges, please add an item to your cart and you can then get a shipping quote. Delivery options and related charges will be presented to you as part of the order process.
[back to top]
8. Orders – How Contracts Are Formed
8.1 Our Site will guide you through the ordering process. Before submitting your Order to Us you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.
8.2 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that we have accepted it. Our acceptance is indicated by Us sending you a Dispatch Confirmation by email. Only once We have sent you a Dispatch Confirmation will there be a legally binding Contract between Us and you.
8.3 Dispatch Confirmations shall contain the following information:
8.3.1 Confirmation of the Goods ordered including full details of the main characteristics of those Goods;
8.3.2 Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;
8.4 We will generally also include a paper copy of the Dispatch Confirmation with your Goods.
8.5 If We, for any reason, do not accept or cannot fulfil your Order, We shall contact you and attempt to offer alternatives. If We are unable to do so, then We shall refund your order. If We are unable to contact you will be refunded as soon as possible and in any event within 28 days.
9.1 Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process. Your chosen payment method will be charged as soon as you place your order.
9.2 We accept the following methods of payment on Our Site:
9.2.3 American Express.
10. Delivery, Risk and Ownership
10.1 All Goods purchased through Our Site will normally be delivered within 30 calendar days of the date of Our Dispatch Confirmation unless otherwise agreed (subject to delays caused by events outside of Our control, for which see Clause 15).
10.2 In the unlikely event that We fail to deliver the Goods within 30 calendar days of Our dispatch confirmation (unless otherwise agreed as under sub-Clause 10.1), if any of the following apply you may cancel your Order immediately:
10.2.1 We have refused to deliver your Goods; or
10.2.2 In light of all relevant circumstances, delivery within that time period was essential; or
10.2.3 You told Us when ordering the Goods that delivery within that time period was essential.
10.3 If you do not wish to cancel under sub-Clause 10.3 or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then cancel your Order.
10.4 You may cancel all or part of your Order under sub-Clauses 10.3 or 10.4 provided that separating the Goods in your Order would not significantly reduce their value. Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you. Please note that if any cancelled Goods are delivered to you, you must return them to Us or arrange with Us for their collection. In either case, We will bear the cost of returning the cancelled Goods.
10.5 Delivery shall be deemed complete once We have delivered the Goods to the address including, where relevant, any alternative address provided in your Order.
10.6 The risk in the Goods shall remain with Us until they come into your physical possession.
10.7 Ownership of the Goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges).
11. Faulty, Damaged or Incorrect Goods
11.1 By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences). If any digital content is included in the Goods, that digital content must also conform. If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect Goods, please Contact Us as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund, repair or replacement.
11.2 Beginning on the day that you receive the Goods (and ownership of them) you have a 30 Calendar Day right to reject the Goods and to receive a full refund if they do not conform as stated above. Alternatively, you may request a repair of the Goods or a replacement. We will bear any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a repair or replacement is impossible or otherwise disproportionate, We may instead offer you a full refund. If you request a repair or replacement during the 30 Calendar Day rejection period, that period will be suspended while We carry out the repair or replacement and will resume on the day that you receive the replacement or repaired Goods. If less than 7 Calendar Days remain out of the original period, it will be extended to 7 Calendar Days. If, after a repair or replacement, the Goods still do not conform (or if We cannot do so as previously described, or have failed to act within a reasonable time or without significant inconvenience to you), you may have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund. If you exercise the final right to reject the goods more than six months after you have received the Goods (and ownership of them), We may reduce any refund to reflect the use that you have had out of the Goods.
11.3 Please note that you will not be eligible to claim under this Clause 11 if We informed you of the fault(s), damage or other problems with the Goods before your purchase of the them (and it is because of the same issue that you now wish to return them); if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return Goods to Us under this Clause 11 merely because you have changed your mind. If you are a consumer in the European Union you have a legal right to a 14 calendar day cooling off period within which you can return Goods for this reason. Please refer to Clause 12 for more details.
11.4 To return Goods to Us for any reason under this Clause 11, please visit the returns page on Our Site to complete a returns form http://www.xtra.dog/returns. We will be fully responsible for the costs of returning Goods under this Clause 11 and will reimburse you where appropriate.
11.5 Refunds (whether full or partial, including reductions in price) under this Clause 11 will be issued within 14 Calendar Days of the day on which We agree that you are entitled to the refund.
11.6 Any and all refunds issued under this Clause 11 will include all delivery costs paid by you when the Goods were originally purchased.
11.7 For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
12. Cancelling and Returning Goods for Exchange
12.1 If you wish to return any item for exchange you may do so within 30 days from receipt. Please observe the following procedure for all returns to us:
12.1.1 Please email [email protected] if you wish to return goods.
12.1.2 Within the package please advise the date t hat your goods were ordered, along with your full contact details.
12.1.3 Repackage the product in its original packaging including any accessories, brochures, manuals, guarantees or warranties that came with the product. Unfortunately, we will be unable to exchange a product if it is returned to us in an incomplete state.
12.1.4 You are responsible for paying any postage or shipping costs when returning the product (and any returns charges for shipping back to you).
12.1.5 We recommend that you obtain proof of postage when returning an item to us, but do not require you to return using registered or Signed For post.
12.1.6 We will not issue refunds or exchanges for any items lost or stolen in transit to us.
12.1.7 If your purchase includes a Christmas Present or other promotional item conditional on your spend meeting a minimum amount, you will need to either return the promotional item(s) or their retail price will be deducted from any refund/gift voucher that you may be entitled to. If you do return any promotional item(s) they must be in a clean, resellable condition with their original packaging.
13. Cancelling and Returning Goods if You Change Your Mind
13.1 If you are a consumer in the European Union, you have a legal right to a “cooling off” period within which you can cancel the Contract for any reason. This period begins once your Order is complete and We have sent you your Dispatch Confirmation, i.e. when the Contract between you and Us is formed.
13.1.1 If the Goods are being delivered to you in a single instalment (whether single or multiple items), the cooling off period ends 14 calendar days after the day on which you receive the Goods.
13.1.2 If the Goods are being delivered in separate instalments on separate days, the cooling off period ends 14 calendar days after the day on which you receive the final instalment of Goods.
13.1.3 If your order is for the regular delivery of Goods over a defined period, the cooling off period ends 14 calendar days after the day on which you receive the first delivery of Goods.
13.2 If you wish to exercise your right to cancel under this Clause 12, you must inform Us of your decision within the cooling off period. Please note that the cooling off period lasts for whole calendar days. If, for example, you send Us an email or letter by 23:59 on the final day of the cooling off period, your cancellation will be valid and accepted.
13.3 We may ask you why you have chosen to cancel and may use any answers you provide to improve Our Goods and services, however please note that you are under no obligation to provide any details if you do not wish to.
13.4 Please note that you may lose your legal right to cancel under this Clause 12 in the following circumstances:
13.4.1 If the Goods are sealed for health or hygiene reasons and you have unsealed those Goods after receiving them;
13.4.2 If the Goods consist of sealed audio or video recordings (e.g. CD or DVD) or sealed computer software and you have unsealed the Goods after receiving them;
13.4.3 If the Goods have been inseparably mixed with other items (according to their nature) after you have received them.
13.4.4 If the Goods have been made to your specifications or measurements or have been ordered specially for you.
13.5 Please ensure that you return Goods to Us no more than 14 calendar days after the day on which you have informed Us that you wish to cancel under this Clause 12.
13.6 You may return Goods to Us by post or another suitable delivery service of your choice to Our returns address which is provided when you request a return of the goods. Please note that you must bear the costs of returning Goods to Us if cancelling under this Clause 12. The cost of returning Goods to Us should not normally exceed the cost of having them originally delivered to you if you use the same carrier.
13.7 Refunds under this Clause 12 will be issued to you within 14 calendar days of the following:
13.7.1 The day on which We receive the Goods back; or
13.7.2 If We have not yet provided a Dispatch Confirmation or have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel the Contract.
13.8 Refunds under this Clause 12 may be subject to deductions in the following circumstances:
13.9 Refunds may be reduced for any diminished value in the Goods resulting from your excessive handling of them. For the purposes of this Clause 12, “excessive handling” means any more handling than is reasonable required to ascertain the nature and characteristics of the Goods in question (e.g. no more than would be permitted in a shop). This does include returning goods that have dog hair on them and are not in a clean, resellable condition. Please note that if We issue a refund before We have received the Goods and have had a chance to inspect them, We may subsequently charge you an appropriate sum if We find that the Goods have been handled in a way that would otherwise entitle Us to reduce your refund.
13.10 Refunds under this Clause 12 will be made using the same payment method that you used when ordering the Goods unless you specifically request that We make a refund using a different method.
13.11 Please Note: Section 13 only applies to sales on our website or over the telephone. It does not apply to purchases in person or at events.
14.1 Where We are the manufacturer of the Goods, We guarantee that for a period of 6 months from the date of delivery, the Goods will be free from material defects. This guarantee is subject to the exceptions listed in sub-Clause 14.3.
14.2 For more information, please refer to our warranty policy located at: Xtra Dog Product Warranty (www.xtra.dog)
14.3 Our guarantee does not apply to any defects in the Goods caused by:
14.3.1 Normal wear and tear;
14.3.2 Deliberate damage and/or misuse of the Goods;
14.3.3 Accidental damage;
14.3.4 Failure to use the Goods in accordance with their instructions (where applicable); or
14.3.5 The alteration or repair of the Goods by you or any third party that is not authorised by Us.
14.4 Our guarantee exists in addition to your legal rights as a consumer (that the Goods match their description, that they are of satisfactory quality and that they are fit for purpose). For Goods that do not match their description, are not of satisfactory quality, or are not fit for purpose, please refer to Clause 11. More information on your rights as a consumer can be obtained from your local Citizens’ Advice Bureau or Trading Standards Office.
14.5 Where We are not the manufacturer of the Goods, the Goods are provided with a manufacturer’s guarantee. For further details and terms, please refer to the manufacturer’s guarantee documentation supplied with the Goods.
14.6 The manufacturer’s guarantee exists in addition to your legal rights as a consumer (that the Goods match their description, that they are of satisfactory quality and that they are fit for purpose). For Goods that do not match their description, are not of satisfactory quality, or are not fit for purpose, please refer to Clause 11. More information on your rights as a consumer can be obtained from your local Citizens’ Advice Bureau or Trading Standards Office.
15. Our Liability to Consumers
15.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
15.2 We only supply Goods for domestic and private use by consumers. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
15.3 Nothing in these Terms and Conditions seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
15.4 Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
16. Events Outside of Our Control (Force Majeure)
16.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
16.2 If any event described under this Clause 15 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
16.2.1 We will inform you as soon as is reasonably possible;
16.2.2 Our obligations under these Terms and Conditions (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
16.2.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
16.2.4 If the event outside of Our control continues for more than 21 days We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 28 days of the date on which the Contract is cancelled;
16.2.5 If an event outside of Our control occurs and you wish to cancel the Contract as a result, you may do so. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 28 days of the date on which the Contract is cancelled.
16.2.6 If the contract is cancelled by you or by Us under this Clause 15, any relevant Goods that must be returned will be returned at Our expense (with Us reimbursing you where appropriate).
17. Communication and Contact Details
17.1 If you wish to contact Us with general questions or complaints, you may contact Us by telephone at 0330 088 3647, by email via our Contact Form, or by post at Kings Offices, 2 Millers Lane, Costock, Loughborough, LE12 6XJ, UK.
17.2 For matters relating to Goods or your Order, please contact Us by telephone at 0330 088 3647 or by email via our Contact Form.
17.3 For matters relating to cancellations, please contact Us by email [email protected] or refer to the relevant Clauses above.
18. Complaints and Feedback
18.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
18.2 All complaints are handled in accordance with Our complaints handling policy and procedure, available from Xtra Dog Complaints Policy and Xtra Dog Complaints Procedure respectively.
18.3 If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
18.3.1 In writing, addressed to Complaints, Kings Offices, 2 Millers Lane, Costock, Loughborough, LE12 6XJ, UK;
18.3.2 Via our contact form, addressed to Customer Services by clicking here;
18.3.3 By contacting Us by telephone on 0330 088 3647.
19. How We Use Your Personal Information (Data Protection)
19.1 All personal information that We may collect (including, but not limited to, your name, address and telephone number) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act. Our Data Protection registration number is ZA034558
19.2 We may use your personal information to:
19.2.1 Provide Our Goods and services to you;
19.2.2 Process your Order (including payment) for the Goods;
19.2.3 Process the delivery of your order (including passing your details to our delivery agent); and
19.2.4 Inform you of new products and/or services available from Us (if you opt or have previously opted to receive it). You may request that We stop sending you this information at any time.
19.3 In certain circumstances (if, for example, you wish to purchase Goods on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act
1998 and should use and hold your personal information accordingly.
19.4 We will not pass on your personal information to any third parties.
20. Other Important Terms
20.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
20.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
20.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
20.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
20.5 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
20.6 We may revise these Terms and Conditions from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms and Conditions as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them. If you do opt to cancel, you must return any affected Goods you have already received and we will arrange for a full refund (including delivery charges) which will be paid within 28 days of your cancellation.
21. Law and Jurisdiction
21.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
21.2 If you are a consumer, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
21.3 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.