Terms & Conditions
TERMS AND CONDITIONS
This agreement applies as between you, the User of this Website and E&L Enterprises Ltd (Trading As Pro Pooch), the owner(s) of this Website. Your agreement to comply with and be bound by
these Terms and Conditions is deemed to occur upon your first use of the Website. If you do
not agree to be bound by these Terms and Conditions, you should stop using the Website
No part of this Website is intended to constitute a contractual offer capable of acceptance.
Your order constitutes a contractual offer and Our acceptance of that offer is deemed to
occur upon Our sending a dispatch confirmation email to you indicating that your order has
been fulfilled and is on its way to you.
- Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Carrier” means any third party responsible for transporting
purchased Goods from our Premises to customers;
“Content” means any text, graphics, images, audio, video,
software, data compilations and any other form of
information capable of being stored in a computer that
appears on or forms part of this Website;
Means the contract between Us and you for the supply of
Goods in accordance with these conditions
means any products that E&L Enterprises Ltd
advertises and / or makes available for sale through this
“Service” means collectively any online facilities, tools, services or
information that E&L Enterprises Ltd makes available
through the Website either now or in the future;
“Premises” Means Our place(s) of business located at Unit 9, The Rubicon Centre, Broad Ground Road, Redditch, B98 8YP
“Serviced Countries” Countries within the European Community and
worldwide excluding: Africa, Australia, Canada
South America, USA, China, Japan and Korea and any
countries that may be added or excluded from time to
“User” / “Users” means any third party that accesses the Website and is
not employed by E&L Enterprises Ltd and acting in
the course of their employment;
“Website” means the website that you are currently using
www.propooch.com and any sub-domains of this
site unless expressly excluded by their own terms and
“We/Us/Our” Means E&L Enterprises Ltd, a company registered in
England under 09467344 of 69 Steward ST, Birmingham. Our VAT number is GB 226069022.
- Intellectual Property
3.1 Subject to the exceptions in Clause 4 of these Terms and Conditions, all
Content included on the Website, unless uploaded by Users, including, but not
limited to, text, graphics, logos, icons, images, sound clips, video clips, data
compilations, page layout, underlying code and software is the property of .
E&L Enterprises Ltd, Our affiliates or other relevant third parties. By
continuing to use the Website you acknowledge that such material is protected
by applicable United Kingdom and international intellectual property and other
3.2 You may not reproduce, copy, distribute, store or in any other fashion re-use
material from the Website unless otherwise indicated on the Website or unless
given Our express written permission to do so.
- Third Party Intellectual Property
4.1 Unless otherwise expressly indicated, all Intellectual Property rights including,
but not limited to, Copyright and Trademarks, in product images and
descriptions belong to the manufacturers or distributors of such products as
may be applicable.
4.2 You may not reproduce, copy, distribute, store or in any other fashion re-use
such material unless otherwise indicated on the Website or unless given
express written permission to do so by the relevant manufacturer or supplier.
- Fair Use of Intellectual Property
Material from the Website may be re-used without written permission where
any of the exceptions detailed in Chapter III of the Copyright Designs and
Patents Act 1988 apply.
- Orders and Payment
6.1 By placing an order, you warrant that: (a) you are legally capable of entering
into binding contracts; and (b) you are resident in one of the Serviced
Countries; and (c) if ordering online, you are accessing our site from that
6.2 Time for payment shall be of the essence. No payment shall be deemed to
have been received and the Goods will not be dispatched until We have
received cleared funds.
6.3 You agree that in the event that any cheque, or other negotiable instrument is
dishonoured or returned to Our bank unpaid for any reason, We shall be
entitled to invoice you for all reasonable sums due including costs relating to
bank charges incurred and the cost of any related administrative activities. In
the event that monies owed remain unpaid for the period agreed in the
invoice, We shall be entitled to charge interest at the rate of 3% per annum
above the base lending rate from time to time of Barclays Bank Plc.
6.4 All pricing information on the Website is correct at the time of going online.
We reserve the right to change prices and alter or remove any special offers
from time to time and as necessary.
6.5 The risk in the Goods shall remain with Us until they come into your physical
possession when the risk shall transfer to you.
6.6 No part of this Website constitutes a contractual offer capable of acceptance.
Your order constitutes a contractual offer that We may, at Our sole discretion,
accept. Our acceptance is indicated by Our sending to you an e-mail that
confirms that the Goods have been dispatched (Dispatch Confirmation). Only
once We have sent you the Dispatch Confirmation email will there be a
binding contract between E&L Enterprises Ltd and you. Such acceptance
and creation of a binding contract occurs on Our sending the e mail with the
Dispatch Confirmation whether or not that e mail is opened and read by You
6.7 If We, for any reason, do not accept your orderany sums paid by you in
relation to that order will be refunded within 14 calendar days.
6.8 No variation of these terms shall be binding unless agreed in writing by a
Director of E&L Enterprises Ltd. Our employees or agents are not
authorised to make any representations concerning the Goods. In entering
into a Contract, you acknowledge that you do not rely on any such
representations, but nothing in these terms affects the liability of either party
for fraudulent misrepresentation.
6.9 The Contract will relate only to those Goods whose dispatch we have
confirmed in the Dispatch Confirmation. We will not be obliged to supply any
other Products which may have been part of your order until the dispatch of
such Products has been confirmed in a separate Dispatch Confirmation.
6.10 You must ensure that the terms of your order and any applicable specification
are complete and accurate.
6.11 The Goods will be supplied generally to the specification described. In the
event of alteration to the weight or the packing specification, orders will be
delivered and invoiced accordingly.
6.12 Any quotation for goods does not constitute an offer and is given on the basis
that no contract will come into existence until We despatch a Dispatch
Confirmation to you. Any quotation is valid until the end of the day of trading
on the day of offer unless otherwise stated, provided that We have not
previously withdrawn it.
6.13 We neither represent nor warrant that Goods will be available. Stock
indications are provided on the Website however such indications may not
take into account sales that have taken place during your visit to the Website.
7.1 Subject to clause 7.2, all Goods purchased by you will be delivered within 30
working days of Our order confirmation unless otherwise agreed.
7.2 We shall not be liable for delay in delivery due to circumstances beyond Our
reasonable control. In the event of any such delay the date for delivery shall
automatically be extended and We will not be liable for any direct, indirect or
consequential loss (including losses or liabilities under or in relation to any
other contract, costs, damages, charges or expenses caused directly or
indirectly by any delay in the delivery of Goods or failure to deliver the Goods
provided that such delay shall entitle you to rescind or terminate the Contract if
such delay exceeds a further 60 days beyond the original 30 days. For the
purpose of this condition the term “loss” includes a partial loss or reduction in
value as well as complete or total loss.
7.3 If for any reason you will not accept delivery of any of the Goods when they
are ready for delivery, or We are unable to deliver the Goods on time because
you have not provided appropriate instructions, documents, licences or
7.5.1 risk in the Goods will pass to you (including for loss or damage caused
by Our negligence);
7.5.2 the Goods will be deemed to have been delivered; and
7.5.3 We may store the Goods until delivery whereupon you will be liable for
all related costs and expenses (including without limitation storage and
7.4 Each delivery of the Goods by Us to you shall be a separate Contract except
when the Contract is specifically for delivery by instalments and you shall not
be entitled to withhold any payment due under one Contract against any claim
under any other Contract and failure to deliver or defect in one or more
instalment shall not entitle you to reject the other instalments.
7.5 If the Goods or any part thereof supplied under the Contract are processed or
altered in any way by you or the receiver of the Goods or any other person,
the quality of the Goods shall be deemed acceptable to you.
7.6 The quantity of any consignment of Goods as recorded by Us upon despatch
from Our place of business shall be conclusive evidence of the quantity
received by you on delivery unless you can provide conclusive evidence
proving the contrary.
7.7 We shall not be liable for any non-delivery of Goods (even if caused by Our
negligence) unless written notice is given to Us within 7 days of the date when
the Goods would in the ordinary course of events have been received.
7.8 Any of Our liability for non-delivery of the Goods shall be limited to replacing
the Goods within a reasonable time or issuing a credit note at the pro rata
contract rate against any invoice raised for such Goods.
7.9 Ownership of the Goods shall not pass to you until We have received in full (in
cash or cleared funds) all sums due to it in respect of the Goods and all other
sums which are or which become due to Us from you.
7.10 Until ownership of the Goods has passed to you in accordance with clause 7.9
you must hold the Goods on a fiduciary basis as Our bailee and keep them in
a proper condition and identified as Our property,.
7.11 We shall be entitled to recover payment for the Goods notwithstanding that
ownership of any of the Goods has not passed from Us to you.
- Returns Policy
As a consumer, subject to certain conditions, you have the right to return goods within
30 days of receipt of Our Dispatch Confirmation. Please refer to clause 12.
E&L Enterprises Ltd aims to always provide high quality Goods that are fault free and
undamaged. On occasion however, Goods may need to be returned. Returns are
governed by these Terms and Conditions.
8.1 Subject to clauses 15.1 and 15.2, if any of the Goods contain and alleged
defect or are claimed to be of unsatisfactory quality, We shall at Our option
replace such Goods (or the defective part) upon Our receipt of the returned
Goods or refund the price of such Goods at the pro rata contract rate provided
that, if We so request, you shall, at the your expense, return the Goods or the
part of such Goods which is defective to Us. Once the price has been
refunded or the Goods returned, We shall have no further liability to you in
respect to such Goods.
8.2 Goods returned opened or in an un-saleable condition cannot be refunded.
8.3 Goods must be returned in their original condition with all packaging and
documentation. Refunds will be issued within 10 days and in any event no
later than 30 calendar days after receipt of the returned Goods and will include
standard delivery charges. We regret that additional costs such as express
delivery and gift-wrapping cannot be refunded.
8.4 If you receive Goods which do not match those that you ordered, you must
contact Us within 30 calendar days to notify Us of any alleged defect. Failure
to contact Us and explain the problem with the quality of the Goods will mean
that We cannot be responsible for any return or refund.
8.5 If Goods are damaged in transit and the damage is apparent on delivery, you
should sign any applicable delivery note to the effect that the Goods have
been damaged. To return the damaged Goods, please contact Us within 30
calendar days to arrange collection and return. Replacements will be issued
upon Our receipt of the returned Goods. Refunds will be issued no later than
30 calendar days after receipt of the returned Goods and will include standard
delivery charges. We regret that additional costs such as express delivery
and gift-wrapping cannot be refunded.
9.1 The Website places cookies onto your computer or device. By accepting these
terms and conditions, you are giving consent to E&L Enterprises Ltd to
place cookies on your computer or device.
9.2 If you wish to opt-out of our placing cookies onto your computer or device,
please adjust your internet browser settings to restrict cookies as detailed in
your internet browser’s help menu You may also wish to delete cookies which
have already been placed. For instructions on how to do this, please consult
your internet browser’s help menu.
- How We Use Your Personal Information (Data Protection)
10.1 All personal information that We may collect (including, but not limited to, your
name and address) will be collected, used and held in accordance with the
provisions of the Data Protection Act 1998 and your rights under that Act.
10.2 We may use your personal information to:
10.2.1 Provide Our Goods and Services to you;
10.2.2 Process your payment for the Goods; and
10.2.3 Inform you of new products and Services available from Us. You may
request that We stop sending you this information at any time.
10.3 In certain circumstances (if, for example, you wish to purchase Goods on
credit), and with your consent, We may pass your personal information on to
credit reference agencies. These agencies are also bound by the Data
Protection Act 1998 and should use and hold your personal information
10.4 We will not pass on your personal information to any other third parties without
first obtaining your express permission.
- Web Site
11.1 Our website is only intended for use by people resident in the countries listed
in Serviced Countries. We do not accept orders from individuals outside those
countries. Some restrictions are placed on the extent to which we accept
orders from specific countries. These restrictions can be found on our
Serviced Countries page. Please review our Serviced Countries page before
ordering products from us.
11.2 No part of this Website is intended to constitute advice and the Content of this
Website should not be relied upon when making any decisions or taking any
action of any kind.
11.3 No part of this Website is intended to constitute a contractual offer capable of
11.4 Whilst We use all reasonable endeavours to ensure that the Website is secure
and free of errors, viruses and other malware, you are strongly advised to take
responsibility for your own internet security, that of your personal details and
11.5 Any samples, drawings or advertisings we issue and any description of the
goods contained on the Website or in the sellers catalogues or brochures are
issued for the sole purpose of giving an approximate idea of the Goods
described in them. They shall not form part of this Contract nor have any
- Cooling off period
12.1 If you are a consumer based within the European Union, you have a statutory
right to a “cooling off” period. This period begins once your order is complete
and ends 14 calendar days after the Goods have been delivered to you. If the
Goods are delivered to you in instalments, the 14 calendar day period begins
on the day that you receive the final instalment. If you change your mind
about the goods within this period, please inform Us within 14 calendar days
of receipt. Goods must be returned to Us within 14 calendar days of the day
on which you inform Us that you wish to return the Goods. You are
responsible for paying return shipment costs if Goods are returned for this
reason. Refunds will be issued within 14 calendar days after you inform Us
that you wish to cancel under this provision and will include standard delivery
charges. We regret that additional costs such as express delivery and giftwrapping
cannot be refunded.
- Changes to the Service and these Terms and Conditions
We reserve the right to change the Website, its Content or these Terms and
Conditions at any time. You will be bound by any changes to the Terms and
Conditions from the first time you use the Website following the changes. If We are
required to make any changes to these Terms and Conditions pertaining to the sale
of Goods by law, these changes will apply automatically to any orders currently
pending in addition to any orders placed by you in the future.
- Availability of the Website
14.1 The Website and any Service provided therein is provided “as is” and on an
“as available” basis. We give no warranty that the Website or any Service will
be free of defects and / or faults. To the maximum extent permitted by the law
We provide no warranties (express or implied) of fitness for a particular
purpose, accuracy of information, compatibility and satisfactory quality.
14.2 We accept no liability for any disruption or non-availability of the Website
resulting from external causes including, but not limited to, ISP equipment
failure, host equipment failure, communications network failure, power failure,
natural events, acts of war or legal restrictions and censorship.
- Limitation of Liability
15.1 We shall not be liable for a breach of any defect in the Goods or if they are
deemed to be of unsatisfactory quality unless:
- a) for defects such as, but not limited to spillages, shortages, or item damage,
which are obvious on delivery without the need for inspection, you give written
notice of the defect to Us, and (if the defect is as a result of damage in transit)
to the Carrier, within 7 working days from delivery; and b) We are given a
reasonable opportunity after receiving the notice of examining such Goods
and you (if asked to do so by Us) returns such Goods to Our place of business
at your cost for the examination to take place there.
15.2 We shall not be liable for a breach of any defect in the Goods or if they are
deemed to be of unsatisfactory quality if:
- a) you make any further use of such Goods after delivery; or
- b) the defect arises because you failed to follow Our oral or written instructions
as to the storage or use of the Goods; or
- c) you alter such Goods without Our written consent.
15.3 In the event of a dispute arising about the quality of the Goods, We will
appoint an independent expert to determine whether the Goods are defective
or of unsatisfactory quality or fit for purpose; such expert’s decision will bind
the parties and the cost of the expert shall be borne by the party against whom
the expert’s decision is made.
15.4 Nothing in these Terms and Conditions excludes or restricts E&L Enterprises Ltd
liability for death or personal injury resulting from any negligence or fraud on
the part of E&L Enterprises Ltd.
15.5 Our total liability in contract, tort (including negligence or breach of statutory
duty), misrepresentation or otherwise, arising in connection with the
performance or non-performance or late performance or contemplated
performance of the Contract shall be limited to the price of the Goods ordered
in the Contract plus 20%
15.6 In the event that any of these terms are found to be unlawful, invalid or
otherwise unenforceable, that term is to be deemed severed from these Terms
and Conditions and shall not affect the validity and enforceability of the
remaining Terms and Conditions. This term shall apply only within
jurisdictions where a particular term is illegal.
- No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or
remedy contained herein, this shall not be construed as a waiver of that right or
- Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior
versions thereof, the provisions of these Terms and Conditions shall prevail unless it
is expressly stated otherwise.
- Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party.
The agreement created by these Terms and Conditions is between you and
E&L Enterprises Ltd.
19.1 All notices / communications shall be given to Us either by post to Our
Premises (see address above) or by email to firstname.lastname@example.org
Such notice will be deemed received 3 days after posting if sent by first class
post, the day of sending if the email is received in full on a business day and
on the next business day if the email is sent on a weekend or public holiday.
- Law and Jurisdiction
These Terms and Conditions and the relationship between you and E&L Enterprises Ltd
shall be governed by and construed in accordance with the Law of England
and Wales and E&L Enterprises Ltd and you agree to submit to the exclusive
jurisdiction of the Courts of England and Wales.