These Terms and Conditions apply to your use of petnecessity.co.uk (the "Website") and to orders placed through the Website.
Please read these Terms and Conditions carefully before placing an order. By using the Website or placing an order with us, you agree to these Terms and Conditions. Nothing in these Terms and Conditions affects your statutory rights as a consumer.
1. About us
1.1 The Website is owned and operated by Pet Necessity Limited, a company registered in Scotland under company number SC702419.
1.2 Our registered office is Pet Necessity Limited, Fraser Suite 496/213, Ferry Road, Edinburgh, EH5 2DL.
1.3 You can contact our Customer Service team by telephone on 0131 202 2307 or by email at hello@petnecessity.co.uk.
1.4 Pet Necessity Limited is the seller of products purchased through this Website. Products may be manufactured, branded, distributed or supplied by third parties, but your purchase contract is with Pet Necessity Limited.
1.5 In particular, where KONG products are offered for sale through the Website, Pet Necessity Limited, and not KONG, is making the sale to you. Any terms relating to delivery, cancellation, returns, refunds or exchanges for purchases made through this Website are Pet Necessity Limited's terms and policies and are not KONG's terms or policies.
2. Using the Website
2.1 You may use the Website only for lawful purposes and in accordance with these Terms and Conditions.
2.2 You must not misuse the Website, attempt to gain unauthorised access to it, interfere with its operation, introduce malicious software, or use it in any way that could damage the Website or prevent other customers from using it.
2.3 You do not need to create an account merely to browse the Website. Where account facilities are available and you choose to create an account, you are responsible for keeping your login details secure and for ensuring that the information associated with your account remains accurate.
2.4 You must be at least 18 years old to place an order through the Website.
2.5 We may temporarily restrict access to the Website for maintenance, security, technical work or other operational reasons.
3. Product information
3.1 We take reasonable care to ensure that product information displayed on the Website is accurate and up to date.
3.2 Product information, including descriptions, specifications, ingredients, feeding guidance, dimensions, images and other manufacturer information, may be provided to us by manufacturers, brand owners, distributors or suppliers.
3.3 Packaging, product appearance and specifications may occasionally change. Images are provided to help identify products but colours, packaging and appearance may vary slightly from what is displayed on your device or from updated manufacturer packaging.
3.4 For food, treats, supplements and other consumable products, you should always read the information provided on the product packaging before use, particularly ingredients, allergens, feeding instructions, storage information and warnings.
3.5 Product sizing, breed guidance, age guidance and suitability information are provided as general guidance. You remain responsible for selecting a product that is appropriate for your individual pet, taking into account factors such as size, age, behaviour, chewing strength, health and supervision requirements.
3.6 Pet toys and accessories should be used appropriately and, where relevant, under suitable supervision. You should regularly inspect products for damage and remove products that have become damaged or may present a safety risk.
4. Orders
4.1 When you place an order through the Website, you are making an offer to purchase the products included in that order.
4.2 After you place an order, we may send you an acknowledgement confirming that we have received it. An acknowledgement does not necessarily mean that your order has been accepted.
4.3 Your order is accepted when we confirm acceptance or dispatch of the goods, depending on the wording of the confirmation we send to you.
4.4 All orders are subject to availability. If a product becomes unavailable after you place an order, we will contact you and refund any amount paid for the unavailable item where appropriate.
4.5 We may refuse or cancel an order where reasonably necessary, including where:
- a product is unavailable;
- there is an obvious pricing or product information error;
- we cannot obtain authorisation for payment;
- we reasonably suspect fraud or misuse;
- delivery cannot reasonably be made to the address supplied; or
- the order would breach applicable law or restrictions.
5. Pricing and payment
5.1 Product prices are displayed on the Website and are subject to change from time to time.
5.2 Prices shown to consumers include VAT where VAT is applicable, unless clearly stated otherwise.
5.3 Delivery charges, where applicable, will be shown during checkout before you complete your order.
5.4 Despite our reasonable efforts, a product may occasionally be incorrectly priced. If we identify an obvious pricing error before accepting your order, we may contact you to give you the option of continuing at the correct price or cancelling the affected item or order.
5.5 Payment must be made using one of the payment methods made available at checkout.
5.6 You confirm that you are authorised to use the payment method supplied for your order.
6. Delivery
6.1 Available delivery options, estimated delivery times and applicable charges are displayed on the Website or during checkout.
6.2 Delivery estimates are estimates only unless we expressly agree a guaranteed delivery date.
6.3 We will take reasonable steps to deliver your order within the estimated timeframe and, unless otherwise agreed, within the period required by applicable consumer law.
6.4 You are responsible for providing a complete and accurate delivery address.
6.5 Where a parcel cannot be delivered because the address supplied is incorrect or incomplete, or delivery is otherwise prevented by circumstances within your control, additional delivery costs may apply where permitted by law.
7. Cancellation, returns, refunds and consumer rights
7.1 If you are a consumer purchasing online, you normally have a legal right to cancel eligible purchases within 14 days after the day on which you receive the goods, subject to the exceptions provided by law.
7.2 Where our Returns Policy gives you a longer period than the statutory minimum, the longer period is an additional Pet Necessity policy and does not reduce your statutory rights.
7.3 If you exercise your cancellation right, you must notify us clearly that you wish to cancel. Please follow the instructions set out in our Returns Policy.
7.4 After notifying us of cancellation, goods should be returned within the period required by applicable law and in accordance with our Returns Policy.
7.5 You are responsible for taking reasonable care of goods while they are in your possession. Where permitted by law, we may make an appropriate deduction from a refund if goods have been handled beyond what is reasonably necessary to establish their nature, characteristics and functioning.
7.6 Certain products may be excluded from change-of-mind cancellation rights where permitted by law, including certain sealed goods that are not suitable for return for health protection or hygiene reasons once unsealed, and certain goods liable to deteriorate or expire rapidly.
7.7 Your statutory rights relating to faulty, damaged, unsafe, incorrectly supplied or misdescribed goods are separate from your change-of-mind cancellation rights.
7.8 Goods supplied by us must meet the standards required by applicable consumer law, including requirements relating to satisfactory quality, fitness for purpose and conformity with their description.
7.9 Depending on the circumstances and your statutory rights, remedies for faulty or non-conforming goods may include a refund, repair, replacement or price reduction.
7.10 We do not operate a separate advance exchange service for change-of-mind returns. Where you wish to purchase a different product or size, you may return an eligible item in accordance with our Returns Policy and place a new order.
7.11 Our Returns Policy forms part of these Terms and provides further information about cancellation, return procedures, return costs and refunds.
7.12 All returns, refunds and exchanges relating to purchases made through this Website are handled by Pet Necessity Limited. They are not handled under the policies of KONG or any other manufacturer or brand owner.
8. Risk and ownership
8.1 Responsibility for the goods passes to you when the goods are delivered to you or to another person identified by you to receive them, subject to applicable law.
8.2 Ownership of the goods passes to you when we have received payment in full for the goods.
9. Our liability
9.1 Nothing in these Terms excludes or limits any liability where doing so would be unlawful.
9.2 Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.
9.3 If you are a consumer, we are responsible for loss or damage that is a foreseeable result of our breach of these Terms or our failure to use reasonable care and skill.
9.4 We are not responsible for loss or damage that is not foreseeable, or for business losses suffered by a consumer where the products were purchased wholly or mainly for personal use.
9.5 Nothing in these Terms affects the rights and remedies available to consumers under applicable law.
10. Intellectual property
10.1 The Website and its content, including text, design, graphics, logos, photographs and other materials, are protected by intellectual property rights.
10.2 Intellectual property displayed on the Website may belong to Pet Necessity Limited or to manufacturers, brand owners, licensors, distributors or other third parties and is used with permission or otherwise lawfully.
10.3 Brand names and trademarks, including KONG and other third-party brands displayed on the Website, remain the property of their respective owners.
10.4 You may use the Website for personal, non-commercial shopping and browsing purposes. You must not copy, reproduce, distribute, modify or commercially exploit Website content without permission from the relevant rights holder, except where permitted by law.
11. Promotions, discount codes and competitions
11.1 From time to time, we may offer promotions, discount codes, vouchers, competitions or other promotional offers.
11.2 Promotions may be subject to additional terms, eligibility requirements, expiry dates, exclusions or usage limits.
11.3 Unless expressly stated otherwise, promotional offers cannot be exchanged for cash and may not be combined with other promotions.
12. Pet Necessity subscriptions
12.1 Where subscription purchasing is offered, the applicable subscription frequency and pricing information will be displayed before you subscribe.
12.2 Unless otherwise stated when you subscribe, future subscription orders will be charged using the payment method associated with the subscription.
12.3 Product prices may change between subscription orders. Where required, changes will be communicated or displayed in accordance with applicable law and the applicable subscription arrangements.
12.4 You may request cancellation of your subscription by contacting us at hello@petnecessity.co.uk or by calling 0131 202 2307.
13. General
13.1 If any provision of these Terms is found to be invalid, unlawful or unenforceable, the remaining provisions will continue in effect.
13.2 If we delay in exercising a right or remedy under these Terms, that delay does not mean that we have waived that right or remedy.
13.3 We may update these Terms from time to time. The version published on the Website at the time you place an order will normally apply to that order unless a change is required by law.
13.4 These Terms, together with any policies expressly referred to in them, set out the terms applicable to your use of the Website and purchases from Pet Necessity Limited.
13.5 These Terms and contracts between you and Pet Necessity Limited are governed by Scots law.
13.6 If you are a consumer, you may bring legal proceedings in the courts that have jurisdiction under applicable law. Nothing in these Terms is intended to restrict any mandatory consumer right relating to where proceedings may be brought.
14. Contact us
If you have questions about these Terms, an order, a return or a product, please contact Pet Necessity Customer Service:
- Email: hello@petnecessity.co.uk
- Telephone: 0131 202 2307
- Address: Pet Necessity Limited, EH20 Business Centre, Room 212, 6 Dryden Road, Loanhead, Midlothian, Scotland, EH20 9LZ