What these terms cover. These are the terms and conditions on which we supply products to you.
Why you should read them. By placing an order through our website, you confirm that: you are over 18 years of age; you are legally capable of entering into binding contracts on your own behalf or on the part of the party you represent; and all information supplied to us is accurate and complete. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss. These terms were last updated on [31 Jul 2020].
We offer a range of products on our website including prescription only veterinary medicines (Prescription Medicines). Prescription Medicines are those products which require a signed prescription by a Veterinary Surgeon who is registered as a practicing vet with the Royal College of Veterinary Surgeons and the purchase of Prescription Medicines may have slightly different rules and procedures relating to them.
If you are buying Prescription Medicines please pay careful attention to the following clauses 1.6, 3.3, 6.1, 7.8, 8.3 and 8.4.
The supply of Prescription Medicines is supervised by a Registered Qualified Person and registered with the Royal College of Veterinary Surgeons. Suitably Qualified Persons work under the supervision of a Registered Qualified Person.
Uploaded prescriptions must be sent to us or destroyed once the order is delivered. Using a prescription multiple times is an offence.
You must be over the age of 18 to purchase Prescription Medicines. Prescription Medicines can only be delivered to the name and address on the prescription.
NFA-VPS MEDICINES: We also offer for sale NFA-VPS Medicines, which do not require a prescription from a registered Veterinary Surgeon, but do require you to provide specific animal information before you can purchase them.
Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
You are an individual and over the age of 18.
You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
We do not sell Prescription Medicines or NFA-VPS to business customers. If you purchase those products you confirm you are purchasing for private use as a consumer.
Information about us and how to contact us
Who we are. We are Pawheads Limited company registered in England and Wales. Our company registration number is 11843173 and our registered office is at 38 Middlehill Road Middlehill Road, Wimborne, United Kingdom, BH21 2SE. Our trading address is at 63E Lord Avenue, Thornaby Industrial Estate, Thornaby, Stockton-On-Tees, TS17 9JX. Our registered VAT number is 319373883.]. We are regulated by the Veterinary Medicines Directorate and our trading address is an RCVS Registered Premises (No. 7349301).
How to contact us. You can contact us by telephoning our customer service team at 01642 769878 or by writing to us at 63E Lord Avenue, Thornaby Industrial Estate, Thornaby, Stockton-On-Tees, TS17 9JX or email@example.com. If you wish to make a complaint regarding a Veterinary Medicine please contact: firstname.lastname@example.org
How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
"Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
Our contract with you
How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for because you are purchasing Prescription Medicines and have not provided the necessary supporting prescription before we can dispense veterinary medicine (see clause 3.3 below), because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
Prescription Medicines. If your order contains Prescription Medicines we require the prescription before we can process the order. Our order process allows you to upload a copy of the prescription. Once this has been verified your order will be processed in the usual way. If the Prescription Product is a scheduled drug, we must have an original version of the issued prescription signed (in ink) by the administering Veterinary Surgeon. This must be sent to us at 63E Lord Avenue, Thornaby Industrial Estate, Thornaby, Stockton-On-Tees, TS17 9JX. . Please note an order will not be accepted and dispatched until the appropriate evidence of the prescription has been received and verified by us. Please note that if we are unable to process and order due to a fraudulent or defective prescription (or failure to provide a copy of or the original prescription as necessary will result in an administration charge of £[TBC]. This represents the cost to us of having to cancel the order and make any necessary reports to the Veterinary Medicines Directorate. Prescription Medicines can only be purchased by those over the age of 18.
We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
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. Your product may vary slightly from those images.
Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
Prescription Medicines and NFA-VPS MEDICINES: Please pay particular attention to clause 1.3 if you are buying these products.
Your rights to make changes
If you wish to make a change to 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 anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
Our rights to make changes
Minor changes to the products. We may change the product:
to reflect changes in relevant laws and regulatory requirements; and
In the case of Prescription Medicines, where production is discontinued or the exact product is unavailable, we may need to contact the prescribing veterinary surgeon to ask them to re-issue a prescription for an alternative.
Providing the products
Delivery costs. The costs of delivery will be as displayed to you on our website.
When we will provide the products. During the order process we will let you know when we will provide the products to you.
Home delivery. If the products are goods we will contact you with an estimated delivery date, which will be within 30 days after the day on which we accept your order.
Click and collect. If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours of 9:30 to 17:00 on weekdays (excluding public holidays).
We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you to collect it from us.
When you own goods. You own a product which is goods once we have received payment in full.
What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, species weight, pregnancy or lactation of animal, general health of animal, copies of prescriptions or other documents in respect of Prescription Medicines. If so, this will have been stated in the description of the products on our website or as part of the order process. We will contact you to ask for this information (this may include information requested as part of the order process on our website). If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
Your rights to end the contract
You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 12 if you are a consumer and clause 13 if you are a business;
If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
If you are a consumer and have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.
Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
there is a risk that supply of the products may be significantly delayed because of events outside our control;
we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 2 months; or
you have a legal right to end the contract because of something we have done wrong.
Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms. PLEASE NOTE THAT THESE RIGHTS DO NOT APPLY TO PRESCRIPTION MEDICINES OR NFA-VPS MEDICINES.
When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
Prescription Medicines or NFA-VPS Medicines;
products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
any products which become mixed inseparably with other items after their delivery.
How long do consumers have to change their minds? If you are a consumer you have 14 days after the day you (or someone you nominate) receives the goods.
How to end the contract with us (including if you are a consumer who has changed their mind)
Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
Phone or email. Call customer services on 01642 769878 or email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
Online. Complete the form on our website.
By post. Print off the form and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at PawHeads, 63E Lord Avenue, Thornaby Industrial Estate, Thornaby, Stockton-On-Tees, TS17 9JX or (if they are not suitable for posting) allow us to collect them from you. Please download our returns form from here. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
When we will pay the costs of return. We will pay the costs of return:
if the products are faulty or misdescribed;
if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:
We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If 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, you must pay us an appropriate amount.
The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:
If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.
In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
Our rights to end the contract
We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
you do not make any payment to us when it is due and you still do not make payment within 2 days of us reminding you that payment is due;
you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, orders of Prescription Medicines cannot be fulfilled if the prescription has not been provided;
you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
If there is a problem with the product
How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 01642 769878 or write to us at firstname.lastname@example.org or 63E Lord Avenue, Thornaby Industrial Estate, Thornaby, Stockton-On-Tees, TS17 9JX. To make a complaint about a Veterinary Medicine please contact the VMD: email@example.com.
Your rights in respect of defective products if you are a consumer
If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
For goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also clause 8.3.
Your obligation to return rejected products. If you wish to exercise your legal rights to reject defective or misdescribed products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 01642 769878 or mail us at 63E Lord Avenue, Thornaby Industrial Estate, Thornaby, Stockton-On-Tees, TS17 9JX or click here for a return label or to arrange collection.
Your rights in respect of defective products if you are a business
If you are a business customer we warrant that on delivery any products which are goods shall:
conform in all material respects with their description ;
be free from material defects in design, material and workmanship;
be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).
Subject to clause 13.3, if:
you give us notice in writing] within a reasonable time of discovery that a product does not comply with the warranty set out in clause 13.1;
we are given a reasonable opportunity of examining such product; and
you return such product to us at our cost,
we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
We will not be liable for a product's failure to comply with the warranty in clause 13.1 if:
you make any further use of such product after giving a notice in accordance with clause 13.2(a);
the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
the defect arises as a result of us following any drawing, design or specification supplied by the Customer;
you alter or repair the product without our written consent; or
the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
Except as provided in this clause 13, we shall have no liability to you in respect of a product's failure to comply with the warranty set out in clause 13.1.
These terms shall apply to any repaired or replacement products supplied by us under clause 13.2.
Price and payment
Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 14.3 for what happens if we discover an error in the price of the product you order.
We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
When you must pay and how you must pay. We accept payment with all major credit and debit cards [excluding American Express] [PayPal or other payment options]. You must pay for the products before we dispatch them. We will not charge your credit or debit card [PayPal] until we dispatch the products to you.
Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of [BANK] from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
Our responsibility for loss or damage suffered by you if you are a consumer
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 12.1.
We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 16.
Our responsibility for loss or damage suffered by you if you are a business
Nothing in these terms shall limit or exclude our liability for:
death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
fraud or fraudulent misrepresentation;
breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
defective products under the Consumer Protection Act 1987; or
any matter in respect of which it would be unlawful for us to exclude or restrict liability.
Except to the extent expressly stated in clause 13.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
Subject to clause 16.1:
we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract (including any delivery charges incurred).
How we may use your personal information
Other important terms
We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 18.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
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.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.