Terms and Conditions
You must take the time to read and understand these terms and conditions before registering for or using this site or any of the Services.
By using this site or any of the Services you agree to be bound by the following terms.
There are additional terms that relate to orders placed via this website for Burgess products – see sections 11 and 12 below.
1. Important Information
1.1 These terms and conditions form a legal contract which sets out your rights and obligations and those of Burgess Pet Care (“we” or “us”) in relation to this site and any service or services offered by us through this site including the right to purchase products on-line (the “Service”).
1.2 By registering for or using this site or the Service, you accept that you are entering into a contract with us on these terms and conditions.
1.3 Each time you use the Service or access this site you agree that you are bound by these terms and conditions.
1.4 We reserve the right to alter these terms and conditions from time to time in accordance with section 17 below (Changes to this Agreement).
1.5 If you do not wish to be bound by these terms and conditions then you may not use or access this site.
2. Registration on the website or for a specific Service
2.1 You undertake that you will only register on this website or for any specific Service using accurate, complete and current information about yourself or your business including name, address and any other requested details.
2.2 What we will use this information for is set out at section 3 below (Privacy and Use of Your Data).
3.2 We have security measures in place to protect our database and access to this database is restricted. However, it remains your responsibility:
3.5.1 to protect against unauthorised access to and/or use of your username and password;
3.5.2 to take precautions to ensure against the use by anyone else of the Service for which you have registered;
3.5.3 to change your password if your login has been compromised; and
3.5.4 to log off or exit from the Service and/or this site when not using it.
3.3 The nature of the internet means that any posting on the Service (including any which contains personal information) will be accessible to internet users around the world.
4. Listing on the Site
4.1 You agree and acknowledge that we are not and cannot be responsible for the postings on the Pet Gallery section of this website or anywhere else where members of the general public can post information.
4.2 We may pre-screen or monitor any of the material contributed by Pet Gallery Listers or other members of the public, however, we shall not be obliged to do so. If you see anything on this site which appears to infringe these terms and conditions or about which you have concerns, then please contact us to inform us of it by using the “Contact” button, or by writing to us (full contact details are set out at section 19 below). Please also inform us if you have any complaint with any site linked from our site. If appropriate we will consider removing any offending links from our site.
5. Continuation of the Service
5.1 We reserve the right to withdraw or modify all or parts of this site and/or the Service where we have legal or commercial reasons to do so.
5.2 You hereby accept that there may also be times when this site or the Service becomes inaccessible as a result of technical difficulties experienced by us, our suppliers or on the internet generally.
5.3 We will use reasonable endeavours to overcome these difficulties where they are within our control.
6. Misuse of the site or the Service
6.1 We reserve the right in our absolute discretion (but shall not be obliged) to:
6.1.1 suspend or terminate any person’s access to this site and/or the Service, or parts of them; and/or
6.1.2 edit, or require the submitter to edit, material posted to the Service, particularly if: (i) the content appears to us to be in breach of any provision of these terms and conditions; or (ii) any complaint in respect of content is received from other users of this site or the Service; or (iii) if we are of the opinion that the content would bring us and/or the Service into disrepute.
6.2 Any person whose access has been suspended or terminated must not re-register for, or access, this site or the Service without our prior written consent.
7. Prohibitions and Indemnity
7.1 You are prohibited from infringing the intellectual property or other rights of any person or entity;
7.1.1 breaching any applicable laws, whether criminal, tortious or otherwise; or
7.1.2 appearing to be offensive, threatening, obscene, pornographic, false, unreliable or deliberately misleading.
7.2 You hereby indemnify us against all damage, liabilities, claims and expenses that may arise from any breach of these terms and conditions by you or by a person using your username and password.
8. Disclaimer and Release
8.1 Your use of the Service and this site is entirely at your own risk.
8.2 We reserve the right to moderate, modify and decline Pet Gallery Listers entries or any other content if we feel they are in any way detrimental to Burgess Pet Care, its website or values. However, Pet Gallery Listers or other providers of content will be notified via e-mail or phone as to why modification is necessary and given the option to modify their listing/content as appropriate.
8.3 We have no control over or responsibility for the truth or accuracy of any material available that is posted on this site by others.
8.4 If any third party sites are linked to or from this site, this does not mean that we endorse or have any responsibility or control over for the third party site in question or anything which appears on it. By activating (clicking on) a link to another website you are leaving our site.
8.5 Even though Pet Gallery Listers and users of this site are prohibited from doing so, people may nonetheless provide content, or otherwise behave in a way, which is unreliable, misleading, offensive or illegal.
8.6 Accordingly, to the extent that the law permits, you release us, our officers, contractors and employees from all liability arising out of or in connection with this site and/or the Service and/or the content provided by Pet Gallery Listers and any other material we did not provide.
9. Our Ownership of the Rights in this Site and the Service
9.1 You acknowledge that all copyright, design rights, trademarks, and other intellectual property rights arising in and relating to this site, the Service and all content are owned by Burgess Pet Care or are under licence to us from third party owners.
9.2 Therefore, any copying, distributing, showing in public or the creation of any derivative work of this site or the Service, or any of the material which is found thereon is expressly prohibited unless properly licensed by us. However you may download materials to a single personal computer or print hard copy images. In both cases they are solely for individual personal use.
9.3 By submitting any content to the Service, you:
9.3.1 represent that you are fully entitled to do so;
9.3.2 grant us a non-exclusive, royalty-free, irrevocable licence to copy, modify, distribute, show in public and create derivative works from that content in any form, anywhere in the world; and
9.3.3 authorise us to adapt the content at our discretion and you waive your moral rights to object to any derogatory treatment or to be identified as the author of the material in question.
10. Limitation and Exclusion of Liability
10.1 Nothing in these terms and conditions shall operate to limit our liability for death or personal injury resulting from our negligence. Any statutory rights you may have as a consumer remain unaffected.
10.2 We will not be liable to you or any third party for any indirect or consequential loss or damage, or for any loss of goodwill, data, profit, revenue or business, costs, claims, liabilities or expenses howsoever caused (whether arising out of any use by you of this website, our negligence or breach of these terms and conditions or otherwise).
10.3 Without limiting the above, our liability under this contract (whether arising in tort or contract or otherwise) shall not under any circumstances exceed an amount equal to the price paid by you to us for goods or Service (if any).
11. Additional terms that apply to orders for products placed on-line via this website
11.1 All our prices are in pounds sterling and include VAT where applicable;
11.2 At present we are only able to fulfil orders paid in sterling for shipment within the United Kingdom;
11.3 Our secure online ordering system will accept: Credit cards (Mastercard and Visa only) or Debit cards (Switch or Solo only);
11.4 Once your payment has been cleared your order will be despatched;
11.5 On occasions you may have access to a promotional offer. Entry of the correct promotional code, prior to check out will adjust pricing or delivery charges accordingly.
The price you pay is the price you see at Checkout.
11.6 Trade or wholesale orders cannot be accepted on-line.
11.7 All goods remain the property of Burgess Pet Care until payment has been received in full.
11.8 Payment for goods is to be made using credit or debit cards as per section 11.3 above. We cannot accept payments in cash or by cheque. Should your credit card have insufficient credit we reserve the right to invoice you for costs incurred by us in making additional request for payment.
12. Payment Transactions
12.1 We use a SSL (secure socket layer) security system together with data encryption – you will know secure sites such as ours by the closed padlock symbol on your bottom toolbar. These security features mean secure data (such as a credit card number) is never held on any single website.
12.2 We use Barclays Merchant Bank to validate all credit or debit card transactions, prior to despatch of goods.
13. Force Majeure
13.1 We shall not be liable for any failure or delay in our performance of this contract which is caused by any circumstances beyond our reasonable control including (without limitation) any disruptions caused by third party service providers, disruptions to the availability of the internet, acts of God, war, strike, lockout, industrial action, fire, flood, drought, tempest or terrorist action (“Force Majeure Event”).
13.2 In the event of the occurrence of a Force Majeure Event our obligations under this contract will be suspended for the duration of the Force Majeure Event and thereafter we will use reasonable endeavours to restore the website or the Service.
We reserve the right to assign this contract, and to assign or subcontract any or all of our rights and obligations under this contract. You may not without our prior written consent assign or dispose of your rights or obligations under this contract.
15. Entire Agreement
These terms and conditions contain the whole of the agreement between us and you concerning the website and the Service and they replace all earlier agreements and understandings with you, except in the case of any fraud or fraudulent representation by either of us.
16. Third Party Rights
A person who is not a party to these terms and conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of them.
17. Changes to this Agreement
17.1 We reserve the right (but shall not be obliged) to change these terms and conditions from time to time and to replace the old version with any new version or versions on this site.
17.2 Should we do so the new version of these terms and conditions will take effect from the point of placement on this site and will govern your relationship with us.
18. Law and Jurisdiction
These terms and conditions and your use of the website shall be governed by and construed in accordance with the laws of England and Wales. By using this website you accept that any dispute under these terms and conditions shall be subject to the exclusive jurisdiction of the English courts to which you submit.
19. Contact Details
19.1 You can contact us:
19.1.1 by post at Burgess Pet Care, PO Box 38, Pickering, North Yorkshire, YO18 7YH.
19.1.2 by phone at 0800 413 969
19.1.3 by e-mail on [email protected]
19.2 Please make sure you include your name and email address with all correspondence.
This site is created on behalf of and controlled by Burgess Pet Care is division of the Burgess Pet Care Group Plc which is a company registered in England with Company number 445555 and Vat Registration number 166 8442 36