Online shop terms & conditions
1. These terms
What these terms cover. These are the terms and conditions on which we sell goods to you from our online shop: https://wagandcompany.co.uk/shop/
2. Information about us and how to contact us
2.1 Who we are. We are Wag & Company North East Friendship Dogs, a company limited by guarantee registered in England & Wales with company number 09734369 and a registered charity with charity number 1165847. Our address is Northumbria House, French Gardens Industrial Estate, Hexham, Northumberland NE46 4DL.
2.2 How to contact us. You can contact us by telephoning 01434 611 801 or by writing to us at info@wagandcompany.co.uk or at the postal address in clause 2.1.
2.3 How we contact you. If we need to contact you, we will do so by telephone or by writing to you at the email address or postal address you provide with your order.
3. Our contract with you
3.1 How we will accept your order. Acceptance of your order takes place when you receive an order confirmation email, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you and will not charge you for the product(s).
4. Our products
Products may vary slightly from their pictures.
Whilst every effort has been made to accurately portray the products on our website, the images are for illustrative purposes only and are mostly an artist’s representation. For example, we can’t guarantee that a device’s display of colours will accurately reflect the colour of the product(s) and means the ones you receive may vary slightly from the images.
5. Your rights to make changes.
If you wish to make a change to the product you have ordered, please contact us at shop@wagandcompany.co.uk. We will let you know if the change is possible. If it is we will let you know about any changes to the price, the delivery date or anything else that effects your new order and ask you to confirm whether you wish to go ahead with the change.
6. Providing the products
6.1 Delivery costs. The cost of delivery will be as displayed when placing your order.
6.2 When we will provide the products. During the order process we will let you know when you can expect your order to arrive.
6.3 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.
6.4 If you are not at home when the product is delivered. If no one is available to take delivery and the products can’t be posted through your letterbox, the postal supplier will leave a note informing you of how to rearrange delivery or collect the package.
6.5 If you do not rearrange delivery or collection the package. If, after a failed delivery, you do not rearrange delivery or collection of the package 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 9.2 will apply.
6.6 When you become responsible for the goods. Goods you have ordered will be your responsibility from the time we deliver them to the address you provided.
6.7 When you own goods. You own the goods you have ordered once we have received payment in full for such goods.
6.8 What will happen if you do not give required information to us. We may need additional information from you so that we can supply the product(s) you have ordered. We will contact you to ask for this. If you do not provide the information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may end the contract and clause 9.2 will apply. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not providing the information we need within a reasonable time of us asking for it.
7. Your rights to end the contract
7.1 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 and when you decide to end the contract:
(a) 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 10; or
(b) If you have just changed your mind about the product, see clause 7.3. 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 cost of returning any goods.
7.2 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 (c) 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:
(a) 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;
(b) there is a risk that supply of the products may be significantly delayed because of events outside our control; or
(c) you have a legal right to end the contract because of something we have done wrong.
7.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). 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.
7.4 When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
(a) products you have ordered that have been personalised; and
(b) any products that have been used, damaged and/or have become mixed inseparably with other items after their delivery.
7.5 How long do I have to change my mind? Subject to clause 7.4, you have 14 days after the day you (or someone you nominate) receives the goods.
8. How to end the contract with us (including if you have changed your mind)
8.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call us on 01434 611 801 or email us at shop@wagandcompany.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) By post. Print off the order cancellation form (link below) 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.
You can download our cancellation form here.
8.2 Returning products after ending the contract. If you end the contract for any reason after products have been despatched to you or you have received them, you must return them to us. You must return the goods back to us at Northumbria House, French Gardens Industrial Estate, Hexham, Northumberland NE46 4DL. If you are exercising your right to change your mind you must send the goods within 14 days of telling us you wish to end the contract.
8.3 If you receive damaged or faulty goods. If you receive damaged or faulty goods, we will offer an exchange or refund. You must email a photograph of the product(s) to shop@wagandcompany.co.uk and we will respond within two working days.
8.4 When we will pay the costs of return. We will pay the costs of return 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. Please email us at shop@wagandcompany.co.uk and we will arrange collection.
In all other circumstances, you must pay the costs of return.
8.5 How we will refund you. 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.
8.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind, we may reduce your refund (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.
8.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind your refund will be made within 14 days from the day on which we receive the product(s) back or, if earlier, the day on which you provide us with evidence that you have sent the product(s) back. For information about how to return a product, see clause 8.2. In all other cases, your refund will be made within 14 days.
9. Our rights to end the contract
9.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:
(a) you do not make any payment to us when it is due;
(b) 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; or
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 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.
10. If there is a problem with the product
10.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone us on 01434 611 801 or write to us at shop@wagandcompany.co.uk or Northumbria House, French Gardens Industrial Estate, Hexham, Northumberland NE46 4DL.
10.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the information below for a summary of your key legal rights in relation to the product. 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.
If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality.
See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
11. Price and payment
11.1 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 11.3 for what happens if we discover an error in the price of the product you order.
11.2 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.
11.3 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, we will at the lower amount. If the product's correct price at your order date is higher than the price stated, 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 unmistakeable 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 at your cost.
11.4 When you must pay and how you must pay. We accept payment by PayPal or Credit / Debit card. You must pay for the products before we despatch them.
12. Our responsibility for loss or damage suffered by you
12.1 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 any loss or damage you suffer that is a foreseeable result of us breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. 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.
12.2 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 10.2; and for defective products under the Consumer Protection Act 1987
12.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13. How we may use your personal information
We will only use your personal information as set out in our privacy policy https://wagandcompany.co.uk/privacy-policy/.
14. Other important terms
14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
14.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
14.3 Nobody else has any rights under this contract. This contract is between you and us. No other person will have any rights to enforce any of its terms.
14.4 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.
14.5 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.
14.6 Which laws apply to this contract and where you may bring legal proceedings. 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.
SCHEDULE
Order Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
To: Wag & Company North East Friendship Dogs of Northumbria House, French Gardens Industrial Estate, Hexham, Northumberland NE46 4DL, 01434 611 801 and shop@wagandcompany.co.uk
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods
Ordered on [*]/received on [*],
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:
[*] Delete as appropriate