TERMS & CONDITIONS

These Terms and Conditions are the standard terms for the sale of goods by Luna’s Pets Limited.

1. Definitions and Interpretation 

1.1  In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Business Day” means, any day other than a Saturday, Sunday or bank holiday;

"Business Hours” means Monday to Thursday 9am until 4pm. We are closed Friday to Sunday;

“Calendar Day” means any day of the year;

“Commercial Unit” means a delivery of Goods, the character and/or value of which would be materially impaired if divided;

“Contract”  means the contract for the purchase and sale of Goods, as explained in Clause 3;

“Goods” means the goods which are to be supplied by Us to you as specified in your Order (and confirmed in Our Order Confirmation);

“Month” means a calendar month;

“Price” means the price payable for the Goods;

“Special Price” means a special offer price payable for Goods which We may offer from time to time;

“Order” means your order for the Goods [as attached] OR [as shown overleaf];

“Order Confirmation” means Our acceptance and confirmation of your Order as described in Clause 3;

“We/Us/Our” means Luna’s Pets Limited

“Our website” means the website lunaspets.co.uk

1.2 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, text message or other means.

2.Information About Us

2.1 Luna’s Pets Limited, trading as Luna’s Pets, a Limited Company registered in Scotland under number SC813949.

2.2 We are in the process of starting this new company and therefore stock levels will be gradually increased as the business grows. Availability will be displayed on Our website.

3.The Contract

3.1 These Terms and Conditions govern the sale of goods by Us and will form the basis of the Contract between Us and you.  Before making your Order, please ensure that you have read these Terms and Conditions carefully.  If you are unsure about any part of these Terms and Conditions, please ask Us for clarification.

3.2 Nothing provided by Us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance.  Your Order constitutes a contractual offer that We may, at Our discretion, accept.

3.3 A legally binding contract between Us and you will be created upon Our acceptance of your Order, indicated by Our Order Confirmation.  Order Confirmations will be provided via Our website.

3.4 We shall ensure that the following information is given or made available to you prior to the formation of the Contract between Us and you, save for where such information is already apparent from the context of the transaction:

3.4.1 The main characteristics of the Goods;

3.4.2 Our identity (set out above in Clause 2) 

3.4.3 The total Price for the Goods including taxes or, if the nature of the Goods is such that the Price cannot be calculated in advance, the manner in which it will be calculated;

3.4.4 Where applicable, all additional delivery charges or, where such charges cannot be calculated in advance, the manner in which they will be calculated;

3.4.5 Payment will be made via our website. Where applicable delivery and the time by which We undertake to deliver the Goods;

3.4.6 We shall ensure that you are aware of Our legal duty to supply goods that are in conformity with the Contract;

3.4.7 Where applicable, details of after-sales services and commercial guarantees;

3.4.8 Where applicable, the functionality, including appropriate technical protection measures, of digital content; and

3.4.9 Where applicable, any relevant compatibility of digital content with hardware and software that We are aware of or might reasonably be expected to be aware of.

4.Description and Specification of Goods

4.1 We have made every reasonable effort to ensure that the Goods conform to illustrations, photographs and descriptions provided in Our sales and marketing literature [and descriptions provided by Our suppliers].  We cannot, however, guarantee that all descriptions, illustrations and/or photographs will be precisely accurate [due to [discrepancies that may arise during the printing process] AND/OR [differences in the colour reproduction of electronic displays]].

4.2 If you receive any Goods that do not conform to the Contract, please refer to Clause 8.

4.3 If We find, or are made aware of, any typographical, clerical or other accidental errors or omissions in any sales and marketing literature, price lists or any other documents We will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible.  If, as a result of any such error or omission, you have received the wrong Goods, you may return those Goods to Us as provided in Clause 8.  If, as a result of any such error or omission, you have paid too much, We will refund the excess paid for the Goods.

4.4 We reserve the right to make any changes in the specification of the Goods that may be required to conform to any applicable safety or other legal or regulatory requirements without notice.

5.Orders

5.1 All Orders for Goods made by you will be subject to these Terms and Conditions.

5.2 You may change your Order at any time before We despatch the Goods by contacting Us. 

5.3 If your Order is changed We will inform you of any change to the Price in writing [electronically via Our website].

5.4 You may cancel your Order at any time before We despatch the Goods by contacting Us.  If you have already paid for the Goods under Clause 6, the payment will be refunded to you within 7 business days.  [If you request that your Order be cancelled, you must confirm this via Our website.]

5.5 We may cancel your Order at any time before We despatch the Goods in the following circumstances:

5.5.1 The Goods are no longer in stock and We are unable to re-stock (if, for example, the Goods are discontinued); or

5.5.2 An event outside of Our control continues for more than 7 business days (please see Clause 12 for events outside of Our control).

5.6 If We cancel your Order under sub-Clause 5.5 and you have already paid for the Goods under Clause 6, the payment will be refunded to you within 7 business days.  If We cancel your Order, the cancellation will be confirmed by Us via Our Website.

6.Price and Payment

6.1 The Price of the Goods will be that shown in Our website in force at the time of your Order.  If the Price shown in your Order differs from Our current Price We will inform you upon receipt of your Order.

6.2 Our Prices may change at any time but these changes will not affect any Orders that We have already accepted.

6.3 We have made every reasonable effort to ensure that Our Prices, as shown in Our website are correct.  Prices will be checked when We process your Order.  If the actual Price of the Goods is lower than that stated in your Order, you will be charged the lower Price.  If the actual Price of the Goods is higher than that stated in your Order, We will ask you how you wish to proceed.

6.4 All Prices include VAT.  If the rate of VAT changes between the date of your Order and the date of your payment, We will adjust the rate of VAT that you must pay.  Changes in VAT will not affect any Prices where We have already received payment in full from you.

6.5 Our Prices exclude the cost of delivery.  [Delivery costs will be added on to the final sum due.]

6.6 All payments for Goods must be made in advance before We can despatch the Goods to you.

6.7 We accept the following methods of payment when Our website is operational:

6.7.1 Accept all major credit and debit cards accepted by the Stripe Payment System including Accept Apple Pay and Google Pay

6.7.2 Accept PayPal

6.8 Credit and/or debit cards will not be charged until We despatch the Goods to you.

7. Delivery

7.1 Please note that delivery is currently only possible within the United Kingdom 

7.2 When We provide you with an Order Confirmation, We will provide an estimated delivery date.  Please note that estimated delivery dates may vary according to the availability of Goods, your location, and circumstances beyond Our control.  Unless agreed otherwise, the Goods will be delivered without undue delay and in any case no later than 30 Calendar Days after the date on which the Contract is formed.

7.3 Delivery will be deemed to have taken place when the Goods have been delivered to the delivery address indicated in your Order and you (or someone identified by you) have taken physical possession of the Goods.  

7.4 If for any reason We are unable to deliver the Goods at your chosen delivery address, We will leave a note informing you that the Goods have been returned to Our premises, requesting that you contact Us to arrange re-delivery.

7.5 The responsibility (sometimes referred to as the “risk”) for the Goods remains with Us until delivery is complete as defined in sub-Clause 7.3 at which point it will pass to you.

7.6 Please note that delivery to the following areas may require more time:

7.6.1 UK Islands

7.6.1.1 like Isle of Man and the Channel Islands (Jersey, Guernsey and Alderney)

7.6.1.2 like Isle of Skye, Isle of Arran

7.6.2 Capital Cities where Royal Mail is in high demand 

7.6.2.1 like London and it's surrounding areas, Manchester, Birmingham, Glasgow, Edinburgh, Bristol, Leeds, Sheffield, Liverpool, Newcastle and Cardiff.

7.7 Please note carefully the following:

7.7.1 If We refuse to deliver the Goods, you may treat the Contract as being at an end and We will reimburse you without undue delay.

8. Faulty, Damaged or Incorrect Goods

8.1 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.

8.2 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.  

8.3 Please note that you will not be eligible to claim under this Clause 8 if We informed you of any faults, damage or other problems with the Goods before your purchase of 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 8 merely because you have changed your mind.  Please refer to Clause 9 for details of what to do if you change your mind.

8.4 To return Goods to Us for any reason under this Clause 8, or if you choose for Us to collect the goods, we will be fully responsible for the costs of returning Goods under this Clause 8 and will reimburse you where appropriate. 

8.5 Refunds (whether full or partial, including reductions in price) under this Clause 8 will be issued within 14 Calendar Days of the day on which We agree that you are entitled to the refund.

8.6 Any and all refunds issued under this Clause 8 will include all delivery costs paid by you when the Goods were originally purchased.

8.7 For full details of your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.

8.8 We will only source products to retail from reputable wholesalers, however no liability is assumed by Us for damage or injury to any persons/animals resulting from the use of the products supplied.

9.Returning Goods If You Change Your Mind

9.1 If you are not satisfied with any Goods purchased from Us you have the right to return them in exchange for a refund [or a replacement], subject to the provisions of this Clause 9.  This Clause 9 does not apply to Goods that are not in compliance with the Contract and your legal rights.  For such Goods, please refer to Clause 8.

9.2 If you wish to return Goods to Us under this Clause 9 you must do so within 14 days of taking delivery, telling Us why you wish to return the Goods. 

9.3 All Goods must be returned to Us under this Clause 9 in their original condition, in their original, un-opened packaging, accompanied by proof of purchase.

10. Guarantee

10.1 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.

11. Events Outside of Our Control (Force Majeure)

11.1 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.

12. How We Use Your Personal Information (Data Protection)

12.1  All personal information that We may collect (including, but not limited to, your name,  address and contact 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.

1.2 We may use your personal information to:

1.2.1 Provide Our Goods and services to you;

1.2.1.1 Your personal information will be shared with Royal Mail or any other courier service we use in order to ship your delivery and provide you with despatch/ delivery information

1.2.2 Process your payment for the Goods; and

1.2.3 Inform you of new products and services available from Us.  You may request that We stop sending you this information at any time.